Effective: August 31, 2007
WhereverTV is an online service that allows our members to set up individual program guides that can be linked together through networks of friends. The services offered by WhereverTV, Inc. (“WhereverTV” or “we”) include the WhereverTV website (the “WhereverTV Website”), the WhereverTV widget, the WhereverTV Internet messaging service, and any other features, content, or applications offered from time to time by WhereverTV in connection with the WhereverTV Website (collectively, the “WhereverTV Services”). The WhereverTV Services are hosted in the United States of America.
WhereverTV may modify this Agreement from time to time and such modification shall be effective upon posting by WhereverTV on the WhereverTV Website. You agree to be bound to any changes to this Agreement when you use the WhereverTV Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on WhereverTV and that you provide to other Users. Your WhereverTV profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other WhereverTV Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and WhereverTV assumes no responsibility or liability for this material. If you become aware of misuse of the WhereverTV Services by any person, please contact WhereverTV.
WhereverTV reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages, videos, or links to videos) by you, or to restrict, suspend, or terminate your access to all or any part of the WhereverTV Services at any time, for any or no reason, with or without prior notice, and without liability. WhereverTV expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of WhereverTV Services if WhereverTV determines, in its sole discretion, that you pose a threat to WhereverTV and/or its Users.
Use of and Membership in the WhereverTV Services is void where prohibited. Byusing the WhereverTV Services, you represent and warrant that:
Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 18 years of age.
This Agreement shall remain in full force and effect while you use the WhereverTV Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. WhereverTV may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Some of the Content on the WhereverTV Website is available on a recurring subscriber fee basis (i.e., all packages are set for automatic recurring renewal); the timeframe of the recurring billing period will be selected upon signup to the service. These services are sometimes referred to herein as the “Fee-Based Services” or “Subscription Services” or “Channel Packages”. Payment of a recurring subscription fee entitles you to watch the applicable channel(s)/package during the applicable billing period, according to the plan selected and paid for.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify WhereverTV immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
The WhereverTV Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WhereverTV. Illegal and/or unauthorized use of the WhereverTV Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WhereverTV Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the WhereverTV Services.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the WhereverTV Services. WhereverTV reserves the right to investigate and take appropriate legal action against anyone who, in WhereverTV’s sole discretion, violates this provision, including without limitation, removing the offending communication from the WhereverTV Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of WhereverTV:
The following is a partial list of the kind of activity that is illegal or prohibited on the WhereverTV Website and through your use of the WhereverTV Services. WhereverTV reserves the right to investigate and take appropriate legal action against anyone who, in WhereverTV’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of WhereverTV to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to WhereverTV by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the WhereverTV Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
You are solely responsible for your interactions with other WhereverTV Members. WhereverTV reserves the right, but has no obligation, to monitor disputes between you and other Members.
WhereverTV is not responsible for any incorrect or inaccurate Content posted on the WhereverTV Website or in connection with the WhereverTV Services, whether caused by Users of the WhereverTV Services or by any of the equipment or programming associated with or utilized in the WhereverTV Services. Profiles created and posted by Members on the WhereverTV Website may contain links to other websites. WhereverTV is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by WhereverTV. Inclusion of any linked website on the WhereverTV Services does not imply approval or endorsement of the linked website by WhereverTV.
When you access these third-party sites, you do so at your own risk. WhereverTV takes no responsibility for third party advertisements which are posted on this M WhereverTV Website or through the WhereverTV Services, nor does it take any responsibility for the goods or services provided by its advertisers. WhereverTV is not responsible for the conduct, whether online or offline, of any User of the WhereverTV Services. WhereverTV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. WhereverTV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WhereverTV Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the WhereverTV Services.
Under no circumstances shall WhereverTV be responsible for any loss or damage, including personal injury or death, resulting from use of the WhereverTV Services, attendance at a WhereverTV event, from any Content posted on or through the WhereverTV Services, or from the conduct of any Users of the WhereverTV Services, whether online or offline. The WhereverTV Services are provided “AS-IS” and as available and WhereverTV expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WhereverTV cannot guarantee and does not promise any specific results from use of the WhereverTV Services.
IN NO EVENT SHALL WHEREVERTV BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WHEREVERTV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHEREVERTV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WHEREVERTV FOR THE WHEREVERTV SERVICES DURING THE TERM OF MEMBERSHIP.
Software available in connection with the WhereverTV Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the WhereverTV Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If there is any dispute about or involving the WhereverTV Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Fort Myers, Florida. Either WhereverTV or you may demand that any dispute between WhereverTV and you about or involving the WhereverTV Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Fort Myers, Florida USA, provided that the foregoing shall not prevent WhereverTV from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold WhereverTV, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the WhereverTV Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the WhereverTV Website or through the WhereverTV Services causes WhereverTV to be liable to another.
This Agreement is accepted upon your use of the WhereverTV Website or any of the WhereverTV Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and WhereverTV regarding the use of the WhereverTV Services. The failure of WhereverTV to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. WhereverTV is a trademark of WhereverTV, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.