The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Stay Tuned TV Network, transmit, receive or exchange data or communicate with the Stay Tuned TV Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Stay Tuned TV Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or websites or any links that may direct your browser or your connection to third party websites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Stay Tuned TV Network and it cannot be modified, except as specifically described below in Section 2.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Stay Tuned TV Network and we may also e-mail you about these changes. Once we post them on the Stay Tuned TV Network, these changes become effective immediately and if you use the Stay Tuned TV Network after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of this Stay Tuned TV Network, including all Stay Tuned TV Network software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Stay Tuned TV Network, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Parent Companies, and their Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Stay Tuned TV Network" includes "Material" as well. The Stay Tuned TV Network is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Stay Tuned TV Network, including notices on any Material you download, transmit, display, print or reproduce from the Stay Tuned TV Network. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of BSE or its owner if BSE is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Stay Tuned TV Network that infringes the copyright rights of others and will disable the access to the Stay Tuned TV Network and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the Stay Tuned TV Network and to promptly end any infringement that might occur. If you believe that the Stay Tuned TV Network contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Stay Tuned TV Network. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
5. RULES OF CONDUCT
Your use of the Stay Tuned TV Network is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Stay Tuned TV Network, or knowingly condone use of the Stay Tuned TV Network by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Stay Tuned TV Network, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Stay Tuned TV Network, or from advertising, linking or becoming a supplier to us in connection with the Stay Tuned TV Network;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Stay Tuned TV Network, other users' accounts, names, passwords, personally identifiable information or other computers, websites or web pages, connected or linked to the Stay Tuned TV Network or to use the Stay Tuned TV Network in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Stay Tuned TV Network or the rights or use and enjoyment of the Stay Tuned TV Network by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Stay Tuned TV Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
If e-commerce is offered on the Stay Tuned TV Network, all e-commerce is brought to you by BSE Direct, Inc., an operational service provider and affiliate under this Agreement. All goods and services offered for sale on the Stay Tuned TV Network ("Products") are guaranteed by the manufacturer, licensor or distributor against defects in material and workmanship for 30 days from the date of the invoice. Within that time period, just contact Customer Service [insert link for email address of customer service or refer the user to the contact information on the e-commerce page] and we will coordinate attempting to correct, repair or replace the defective Product or, if applicable, in obtaining a refund for you. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a website or web page through the Stay Tuned TV Network, nor are we responsible for assisting you in correcting any problem you may experience with Products if you do not notify us within the 30 day period noted above or for any goods or services not obtained directly on the Stay Tuned TV Network. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us (or our suppliers, operational service providers, or other e-commerce partners) for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such pre-approval. Products on the Stay Tuned TV Network are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Stay Tuned TV Network. If an order consists of multiple items, they may be shipped separately depending on availability.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Users that register for any of the wireless marketing services offered through BSE acknowledge, understand and agree that they will be charged by the user's wireless carrier for all messages sent to the user from BSE. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will the Parent Companies or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
A user understands, acknowledges and agrees that the BSE may, at its sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. BSE may provide notice of terminations or changes in services on the Stay Tuned TV Network.
8. VIRAL FEATURES
Your comments, suggestions and information are important to us. Portions of the Stay Tuned TV Network may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Stay Tuned TV Network. Postings do not reflect the views of the Stay Tuned TV Network, the Parent Companies or the Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Stay Tuned TV Network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Stay Tuned TV Network.
If a Posting originates from you or your account, you hereby agree that: (a) you specifically authorize the Stay Tuned TV Network, the Parent Companies and their Affiliates to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Stay Tuned TV Network, the Parent Companies and their Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) individual's full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver's license or valid photo ID card) to verify the individual's identity. Please be aware that upon the submission of each such Posting, you may be required to deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver's license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may reasonably determine (although you will not be responsible for any such changes made). The amount of storage space on the Stay Tuned TV Network per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity without the prior authorization of the Stay Tuned TV Network and/or the Parent Company and its Affiliates.
If you believe that any content on the Stay Tuned TV Network (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, the Stay Tuned TV Network, the Parent Companies, the Affiliates or the Stay Tuned TV Network's operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Stay Tuned TV Network, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
The Stay Tuned TV Network may provide podcasts ("Podcasts") consisting of selected audio and/or video content from the Stay Tuned TV Network that is provided over the Internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play Podcasts.
Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Podcasts are reserved to the Stay Tuned TV Network or the content provider. Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the Podcasts for your personal, non-commercial use only. You shall not, nor will you allow any third party to reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Podcasts except as expressly authorized in this Section 11.
By your access to and use of Podcasts, you understand, acknowledge and agree that the Stay Tuned TV Network, the Parent Companies and their Affiliates do not warrant that its podcasting service will operate on all user equipment. Please see our "Disclaimer and Limitations of Liability" section for further details.
12. HYPERLINKS TO THIRD PARTY SITES
13. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Stay Tuned TV Network, you may deactivate your account on the Stay Tuned TV Network, at any time and for any reason, by clicking here to go to "Your Account", entering your user name and password, and then selecting the "Close My Account" option. We may terminate your use of and registration on the Stay Tuned TV Network, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
14. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE STAY TUNED TV NETWORK, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE STAY TUNED TV NETWORK WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Stay Tuned TV Network. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Stay Tuned TV Network, including, without limitation, Postings and Materials associated with your use of the Stay Tuned TV Network.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS STAY TUNED TV NETWORK, THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE STAY TUNED TV NETWORK OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have the Parent Companies, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Parent Companies, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Stay Tuned TV Network. You further understand and acknowledge the capacity of the Stay Tuned TV Network, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Parent Companies assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Stay Tuned TV Network for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
You agree to indemnify, defend and hold the Stay Tuned TV Network, the Parent Companies, and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
The Parent Companies reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Parent Companies in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Parent Companies.
17. ADS AND MALWARE
We take great care and pride in creating the Stay Tuned TV Network. We are always on the lookout for technical glitches that effect how the Stay Tuned TV Network works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Stay Tuned TV Network -- and that is beyond our control.
If you experience any unusual behavior, content or ads on the Stay Tuned TV Network, it may be the result of Malware on your computer. Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Stay Tuned TV Network is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Stay Tuned TV Network and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
* Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).
* Install a SpyWare Removal Tool such as Spybot Search and Destroy or AdAware to clean your computer of Malware.
* Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.
* Install Microsoft Defender (for Windows computers).
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.
18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of the Stay Tuned TV Network is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE STAY TUNED TV NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
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