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1. Registration
You are granted the limited right to view and use the
Site only for the purposes of viewing or playing content such as films
or games, placing product orders or for accessing information and
services. We reserve the right to suspend or deny, in its sole
discretion, your access to all or any portion of the Site.
2. Limited License To Site
If you violate these Terms, we may terminate or cancel
your access rights to the Site immediately without notice. We may also
block your use of the Site. We reserve the right at any time to modify
or discontinue the Site or any part thereof and you agree that we shall
not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site or any part thereof. This
license is limited to personal and non-commercial uses by you. Any
rights not expressly granted to you herein are reserved to us. No
portion of this Site is targeted to children, and any minor should seek
consent of his or her legal guardian before using this site. Unless you
have received specific written permission from us, you may not (a)
"frame" or otherwise impose editorial comment, commercial material or
any information or content on, or in proximity to, content displayed on
the Site or (b) alter or modify any content on the Site. Without
limiting other restrictions, you agree not to reproduce, transmit, sell,
or otherwise exploit the Site for any commercial purpose. Please be
aware that we have created or may create in the future certain areas on
the Site that contain adult or mature content. You must be at least 18
years of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute user
submitted content, and use of the Site for this purpose is subject to
the following conditions:
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You understand that all user feedback, data,
comments, suggestions, information, text, data, software, sounds,
photographs, audio, audiovisual, video, artwork, graphics, messages
and other materials of any nature ("Materials") that are transmitted
to or via the Site are the sole responsibility of the person from
which the Materials originated. This means you, and not us, are
entirely responsible for the Materials you transmit through the
Site. Further, you understand that by using the Site you may be
exposed to Materials that are offensive, objectionable or indecent.
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You shall not create a user name or screen name or
upload to, distribute through or otherwise publish through the Site
any Materials which are libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, harmful of minors in any
way, abusive, illegal or harassing, or contain expressions of
hatred, bigotry, racism or pornography, or are otherwise
objectionable, or that would constitute or encourage a criminal
offense, violate the rights of any party or violate any law or that
you do not have a right to make available under contractual or
fiduciary relationships.
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Your Materials, user name and/or screen name will
not disparage in any manner Tussle.tv, its owners, advertisers,
products, or services and sites.
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Your Materials shall not infringe the copyright,
trademark, publicity/privacy right or other intellectual property
right of any third party.
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You shall not upload to, distribute through or
otherwise publish through the Site any Materials that are directly
or indirectly commercial in nature or contain any solicitation of
funds, promotion, advertising or solicitation for goods or Site. You
specifically acknowledge that soliciting other users to join or
become users or members of any commercial online web site or other
organization is expressly prohibited.
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You shall not upload to, distribute through or
otherwise publish through the Site any Materials that contain
viruses or any other computer code, corrupt files or programs
designed to interrupt, destroy or limit the functionality or disrupt
any software, hardware, telecommunications, networks, servers or
other equipment.
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You shall not act in a manner that negatively
affects other users' ability to interact with the Site.
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You shall not collect or store personal data about
other users.
You acknowledge that we do not pre-screen any Materials posted by you or
other users, but that we and our designees shall have the right (but not
the obligation) in our sole discretion to refuse or remove any
Materials. Without limiting any of our rights, we and our designees
shall have the right to remove any Materials that violate the Terms or
are otherwise objectionable, as well as terminate your access to the
Site. You agree that we have no liability or responsibility for the
storage or deletion of any Materials that you or any other persons
submit or post. We reserve the right to change these general practices
and limits at any time in our sole discretion.
3. Submitted Content:
License Grant and Warranties
Unless you enter into a separate agreement with us, such
as a purchase agreement or a contest, we do not claim ownership in
Materials you submit. However, by submitting Materials in any form to
us, in addition to other provisions of the Terms, you automatically
grant Tussle.tv, a non-exclusive, fully-paid,
world-wide, perpetual, royalty-free license to publicly display,
publicly perform, distribute, and reproduce the Materials in any manner
and in any medium, including, without limitation, through physical
copies such as still photos, videos, and CDs, by television by any
means, on or via the Internet, including, without limitation, the World
Wide Web, and any other two-way transmission control protocol / internet
protocol (TCP/IP) based distribution network or similar networks or
technologies now known or hereafter to become known, including, but not
limited to, delivery via such a network to personal computers, hand-held
devices, and television set-top boxes through telephone or cable lines,
or wirelessly through broadband, satellite, cellular or terrestrial
broadcast networks and other similar networks or technologies whether
now existing or hereafter developed. You obtain no rights in any form,
media, or technology incorporating the Materials. You represent and
warrant that (i) you have the legal right and authority to grant the
rights granted herein, (ii) neither the Materials nor exercise of the
rights granted to Tussle.tv under this Agreement, including,
without limitation, the public display, public performance,
distribution, or reproduction of the Materials, or portions or
derivative works thereof, will violate or infringe upon the copyright,
literary, privacy, publicity, trademark, service mark or any other
personal, contractual or property right of any person or entity anywhere
in the world, (iii) the Materials do not constitute a libel or
defamation of any third party, and (iv) you are the sole owner of the
Materials and all rights therein, and that the Materials are original to
you.
4. Privacy Policy
Information that you submit is subject to our Privacy
Policy. For more information, see our full privacy policy at
http://www.Tussle.tv/privacy.php . Your use of the Site is your consent
to the Privacy Policy.
5. Password And Security
You are responsible for maintaining the confidentiality
of YOUR password and account, and are fully responsible for all
activities that occur under your password or account. You agree to
immediately notify us of any unauthorized use of your password or
account or any other breach of security. You acknowledge, consent and
agree that we may access, preserve, and disclose your account
information and Material if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms;
(c) respond to claims that any Materials violates the rights of
third-parties; (d) respond to your requests for customer service; or (e)
protect the rights, property, or personal safety of us, our users and
the public. You understand that the technical processing and
transmission involved in interacting with the Site, including the
transmission of Materials, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. You understand that the Site may
include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by
us and/or content providers who provide content to the Site. You may not
attempt to override or circumvent any of the usage rules embedded into
the Site.
6. Contests And Rating Content
From time to time, we may conduct contests in which we
may award various prizes. You agree that if you participate in any
contest, you will abide by all the rules and be subject to all the terms
and conditions of such contest, in addition to these Terms. You agree
that you shall only rate each individual instance of content on our
Site, such as videos, still pictures, flash animation, games and joke
only once.
7. International Use
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and acceptable
Materials. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. Indemnity
You agree to indemnify and hold us, harmless from any
claim or demand, including reasonable attorneys fees, arising out of
your content and materials, your use of the Site, your violation of
these Terms or your violation of any third party's rights including such
party's copyrights and trademarks.
9. Assumption of Risks
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND
RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND
RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR
LOSS OF DATA. BY VIEWING THIS SITE, READING COMMENTS BY OTHER USERS OR
ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS SITE YOU MAY BE
EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR
REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY
ADVERTISER OR CONTENT PROVIDER ON THE SITE.
10. No Incidental, Consequential Or Certain Other Damages
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT
NEITHER WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU
AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR
FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD
FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER
INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR
ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY
BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING
NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. Limitation Of Liability And Exclusive Remedy
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE
TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION,
(1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR
PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE
RELIANCE ON US; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU
AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. Links; Advertisers
The Site contains links to third party sites that are
not under our control and we not responsible for any content on any
linked site. If you access a third party site from the Site, then you do
so at your own risk. We provide links only as a convenience and the
inclusion of the link does not imply that we endorse or accept any
responsibility for the content on those third party sites. Additionally,
your dealings with or participation in promotions of advertisers found
on the Site, including payment and delivery of goods, and any other
terms (such as warranties) are solely between you and such advertisers.
You agree that we shall not be responsible for any loss or damage of any
sort relating to your dealings with such advertisers.
13. General Practices Regarding Use And Storage
You acknowledge that we may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that Materials will be retained by the Site,
the maximum number of Materials that may be sent from or received by an
account, the maximum size of any Materials, the maximum disk space that
will be allotted to you, and the maximum number of times (and the
maximum duration for which) you may access the Site in a given period of
time. You acknowledge that we reserve the right to log off accounts that
are inactive for an extended period of time.
14. Our Proprietary Rights
You acknowledge and agree that the Site and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that content contained in sponsor advertisements or
information presented to you through the Site or advertisers is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by us or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Site or the Software,
in whole or in part. We grant you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software
on a single computer; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the
Software, including, without limitation, for the purpose of obtaining
unauthorized access to the Site.
15. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided
in these Terms, there shall be no third party beneficiaries to this
Agreement.
16. Notice And Amendments
We may provide you with notices, including those
regarding changes to these Terms, by either e-mail, regular mail, or
postings on the Site. Any use of the Site or order by you after such
updating shall be deemed to constitute acceptance of such amendments,
modifications, or new conditions. If you do not want to be bound by an
amendment, you will need to terminate your registration, if any, and
refrain from using the Site.
17. Procedure For Making Claims of Copyright Or Intellectual Property Infringement
We respect the intellectual property of others, and we
ask our users to do the same. We may, in appropriate circumstances and
at its discretion, disable and/or terminate the accounts of users who
may be repeat infringers. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide us with the
following information:
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an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
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a description of the copyrighted work or other
intellectual property that you claim has been infringed;
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a description of where the material that you claim
is infringing is located on the site;
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your address, telephone number, and email address;
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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;
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a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you
are the copyright or intellectual property owner or authorized to
act on the copyright or intellectual property owner's behalf.
Notice of claims of copyright or other intellectual property
infringement can be delivered By
e-mail: support@Tussle.tv
18. General Information
Entire Agreement. These Terms constitute the entire
agreement between you and us and govern your use of the Site,
superseding any prior agreements. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other services, affiliate services, third-party content or third-party
software. Resolution of Disputes. You agree
that any proceeding that you may choose to bring against us will be
initiated within six (6) months after the alleged date of the event
bringing rise to such dispute. You waive any and all rights and benefits
which you or we might otherwise have or be entitled to litigate any such
dispute in court, because it is your intention to arbitrate all such
disputes according to the provisions hereof. The arbitrator's decision
will be controlled by these Terms. Any such decision and accompanying
award will provide for each party, respectively, to bear its own costs
of arbitration and attorneys' fees. The pendency of an arbitration, the
proceedings, any evidence or other material, and any award shall be
maintained and remain confidential, except that an award may be
confirmed by a court of competent jurisdiction if it has not been fully
satisfied within 14 days of its issuance. Waiver and Severability of
Terms. Our failure to exercise or enforce any rigt or provision of these
Terms shall not constitute a waiver of such right or provision. If any
provision of these Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Terms shall remain in full
force and effect.
19. Violations
Please report any violations of these Terms to us at
support@Tussle.tv
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