Terms of Use Policy

TVB Website: Terms of Use and Privacy Policy

Thank you for visiting the website of the TVB, the not-for-profit trade association of America’s broadcast television industry (“TVB” or “we” or “us”). Through this website and certain affiliated sites, TVB provides a diverse variety of tools and resources to support its Members and to help advertisers make the best use of local television.

Please take the time to read the following Terms of Use and Privacy Policy (the “Terms”) for our website. This is a legal document that describes your rights and responsibilities as a user of TVB’s website. Any reference in these Terms to the “Site” or the “Website,” including in the Disclaimer of Warranties and Limitation of Liability contained herein, shall be understood to include TVB.org. Always keep in mind that your use of our Site constitutes your binding acceptance of these Terms. It is worthwhile to read them so that you know your rights and obligations.

As our organization and the Internet are evolving, there will be changes to the Website, and TVB may modify these Terms at any time without notice. Any modifications will be included on this page and your use of the Site after those modifications have been made constitutes acceptance of the Terms as modified.

If you do not agree to these Terms, do not use this Website.

TERMS OF USE

Your obligations as a user and conduct on the Site

To use this Site, you must be over 18 years old.

You must respect all the terms of use specified in this document as well as all laws and regulations in the country from which you are visiting the Site and all additional rules governing any particular services that you might use.

When you sign up for any services on the Site, you must:

  • provide true, correct, updated and complete information about yourself;
  • regularly maintain and update any registration data in order to keep it true, correct, updated and complete.


Otherwise, we reserve the right to suspend or cancel any registration and to forbid you from using the Site and its services (immediately and in the future).

You are responsible for maintaining the confidentiality of any login information you obtain in connection with using the Site and any services provided on the Site. You further agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security of which you are aware. We will not be responsible for any loss or damage caused by or related to the theft, misappropriation, disclosure or unauthorized use of your account and password.

You may not use the TVB Website for any purposes that violate the laws or regulations of the United States or the country from which you are visiting the Site, or that violate these Terms.

Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:

  1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
  3. Transmit files that contain viruses, corrupted files or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, the Site, any software or hardware or telecommunications equipment;
  4. advertise or offer to sell any goods or services for any commercial or other purpose;
  5. download any file that you know or reasonably should know cannot be legally obtained in such manner;
  6. use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user;
  7. collect or store personal information about other end users;
  8. impersonate any person or entity, including, but not limited to, a TVB representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  9. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate your presence on the Site; or
  10. take any action that imposes an unreasonably or disproportionately large load on our infrastructure.


Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy any part of the Site, except those automated means that we have approved in advance and in writing.

Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Site.

Site Content

Our Site contains information, reports, data, applications, graphics, text, images, trademarks, trade dress, logos, computer code, software and other material ("Content") belonging to TVB or to its affiliates, partners and other third parties. You acknowledge and agree that all Content is protected by copyright and other intellectual property and proprietary rights in effect in the United States and elsewhere, and that these rights are owned by TVB or by third parties and are valid and protected in all forms, media and technologies that exist now or are developed or created in the future.

Our Content is available for your use subject to the following conditions: You acknowledge and agree that all Content you access, download, copy or otherwise obtain from the TVB.org website is obtained pursuant to a nonexclusive license whereby TVB grants you the right to use such Content solely as intended in connection with the normal operation of the Site. You further acknowledge and agree that pursuant to this nonexclusive license you may not claim any ownership or authorship rights in such Content. To the extent that any Content on the Site is provided for use other than in connection with the normal operation of the Site, when you use such Content you agree to credit the Content’s source as it is credited on the TVB website to either TVB or to the appropriate third-party owner or author.

It is your responsibility to evaluate the accuracy, completeness, and usefulness of all the Content provided on the TVB.org website prior to your use of the Content. TVB does not endorse or represent the reliability, accuracy, or quality of any of the Content. Content that you download or otherwise obtain through the TVB.org website is obtained and will be used at your sole risk.

TVB’s Rights

We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice:

  1. restrict, suspend or terminate your access to all or any part of our services;
  2. change, suspend or discontinue all or any part of our services;
  3. refuse, move or remove any content;
  4. refuse to register any user name that may be deemed offensive;
  5. establish general practices, fees and policies concerning the Site and the services we provide.


You acknowledge that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the services. We, or third parties acting on our behalf, may also contact you via email to notify you about special events available to registered users of the Site. By becoming a registered user you consent to the receipt of these communications. Contact information provided to us by third-party service providers may also be used to send you communications.

Disclaimers of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) WE DO NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (vi) ANY INFORMATION YOU TRANSMIT TO US, OR TO OR FROM OUR ONLINE SERVICES WILL BE SECURE; OR (vii) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR ANY OF THE SERVICES AVAILABLE ON THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

(a) TVB AND ITS AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA OR OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, SERVICES AND PRODUCTS CONTAINED ON, OR ACCESSED THROUGH, THE SITE OR PROVIDED ON THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

(b) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Indemnification

You agree to indemnify and hold TVB, and its affiliates, board of trustees, officers, agents, partners and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site or any third-party features or functionalities of the Site, your connection to the Site or any third-party site, your violation of the Terms or your violation of any rights of another.

Hyperlinks to other sites

Throughout the Site, TVB provides links to other websites and resources. TVB provids such links for your convenience only and is not responsible for the content of any such site. Links from the TVB.org website to any other site do not mean that TVB approves of, endorses or recommends that site. Your use of such third-party sites is subject to the terms of service set by the third-party site in question. TVB disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on such other site. You hereby waive all claims you might have against TVB with respect to such other sites.

PRIVACY POLICY

BY USING THIS SITE, YOU CONSENT TO OUR USING ANY INFORMATION THAT YOU PROVIDE TO US OR THAT WE COLLECT, IN ACCORDANCE WITH THESE TERMS.

TVB may collect and retain two types of information about Site users: (i) personal information that individual users voluntarily provide when interacting on the Site or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is automatically collected from every Site user.

TVB collects information about you when you provide personal and contact information so that we can provide you with certain services and information, such as when you register for a conference by providing your email address. The information you provide to us is used for TVB’s and our third-party service providers’ business purposes and for the purpose of providing you with services and information. It may also be analyzed so that we can serve you in the best manner possible on our Site.

We employ cookies (small computer files stored on your computer that can store, and sometimes track, information about you) to recognize you and your access privileges for certain areas of our Site. For example, we use cookies to allow you to log on to the password-protected areas of our site automatically without entering your ID and password each visit. Cookies also identify you and your preferences on our Site and help us to provide you with services. You may refuse to accept our cookies, but we may not be able to recognize you as a registered user, which will limit your access to the Site.

We may also use software to collect data about your use of our Site (including, but not limited to, your IP address and pages viewed), but this information will not be tied to you in any personally-identifiable manner other than your IP address.

Please be aware that we are not responsible for, and have no control over, the privacy and monitoring policies of our third-party service providers and third-party sites that you may link to through our Site. Such third-party sites and services are not subject to these terms. We encourage you to review the privacy policies of those sites and service providers prior to providing them with any personal information. Information regarding users of third-party sites and services, collected pursuant to their use under the terms of use and privacy policies of such third-party sites and service providers, may be provided to and analyzed by TVB.

TVB shares its mailing lists with certain third parties, including parties who perform services for us, such as web hosting, sending you email, credit card processing and other similar services, and sponsors of TVB conferences and other industry organizations. TVB does not generally share your email address or information (other than your name and postal address) with any third parties; however, we may have to disclose information about you to law enforcement, other government officials or third parties in order to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.

We retain the right to share with, transfer to or assign to a successor in interest of TVB all user information.

TVB takes reasonable precautions to protect your information from loss, misuse or alteration, but you should be aware that there is no such thing as "perfect security" on the Internet.

Governing Law

These Terms and any dispute will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Waiver of Jury Trial

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

General Information

These Terms constitute the entire agreement between you and TVB. These Terms replace all previous agreements between you and TVB. You may also be subject to additional terms and conditions when using certain services provided by third parties.

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site, our delivering them to you through email or your otherwise becoming aware of such notices through other means. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that 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.

All claims or causes of action arising from or related to the use of the Site or these Terms must be filed within one (1) year following the date on which such claim or cause of action first arose. Otherwise, they will be barred forever.

Any rights not expressly granted herein are reserved.

All requests for information about our Terms of Use and Privacy Policy may be sent to: info@tvb.org

Copyright © 2013, TVB, Inc. All rights reserved.


 
 
 

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