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Terms of Use

Terms of Use

Last Updated: May 25, 2021

The following Terms of Use (“Terms”) constitute a binding legal agreement between you and TVB, the not-for-profit trade association of America’s local broadcast television industry (“TVB” or “we” or “us”) with respect to your use of tvb.org, our mobile applications, and the services available on such platforms (collectively, the “Services”), including any Content (as defined in Section 2 below).

BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPOATED HEREIN BY REFERENCES, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

  1. Changes to these Terms. We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. Your continued use of the Services following the posting of revised Terms means you accept and agree to the changes.
    1. You agree not to:
  2. collect information from the Services using an automated software tool or manually on a mass basis;
  3. use automated means to access the Services, or gain unauthorized access to the Services, any account, or computer system connected to the Services;
  4. obtain, or attempt to obtain, access to area of the Services or our systems that are not intended for access by you;
  5. “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  6. restrict or inhibit other users from accessing or using the Services;
  7. modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content;
  8. access or use the Services or Content for any unlawful purpose or for any purpose beyond the scope of the rights granted herein;
  9. provide false, inaccurate, out of date information about yourself while using the Services;
  10. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  11. publish, post, upload, email, distribute or disseminate (“transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
  12. 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 Services, any software or hardware or telecommunications equipment;
  13. advertise or offer to sell any goods or services for any commercial or other purpose;
  14. download any file that you know or reasonably should know cannot be legally obtained in such manner;
  15. use the Services in any manner that interferes with our normal operations or with the use and enjoyment of another user;
  16. collect or store personal information about other end users;
  17. 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;
  18. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Services or to manipulate your presence on the Services; or
  19. take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
    1. If you download our mobile application (“app”), you further agree not to:
  20. copy the app (except to install it on your own mobile devices);
  21. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the app;
  22. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the app or any part thereof; or
  23. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the app.
    1. We reserve the right to suspend or cancel any registration and to forbid you from using the Services at any time.  Use of the Services 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 Services.
  24. Ownership of the Services and Content. The Services (including the Content) are owned by TVB and are protected under copyright, trademark, any other applicable United States and international laws. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Services are registered and unregistered marks of TVB and relevant third parties. The app is licensed, not sold, to you. You acknowledge and agree that, as between you and TVB, TVB is and shall remain the sole owner of the Services, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
    1. To the extent that any Content on the Services is provided for use other than in connection with the normal operation of the Services, 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.
    2. 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.
  25. Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account.
    1. You are responsible for maintaining the confidentiality of any login information you obtain in connection with using the Services. 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.
  26. Electronic Communications. The communications between you and TVB via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  27. Privacy Policy. You acknowledge and agree that all information collected by TVB is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
  28. Application Updates. TVB may, from time to time in its sole discretion, develop and provide app updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that TVB has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your mobile device settings, when your mobile device is connected to the internet, either: (a) an app will automatically download and install all available Updates, or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the app and will be subject to these Terms.
  • Change and Suspension.  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:
  • restrict, suspend or terminate your access to all or any part of the Services;
  • make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time
  • refuse, move or remove any Content;
  • refuse to register any username that may be deemed offensive;
  • establish general practices, fees and policies concerning the Services.

You agree that TVB will not be liable to you or to any third party for any such change, suspension, or discontinuance.

  • Communications. You understand and agree that the 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 Services. 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. You can learn more about the information we collect about you and how to opt-out of such communication in our Privacy Policy.
  • Disclaimer; Limitation of Liability. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, ANY TVB HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER TVB NOR ANY PERSON ASSOCIATED WITH TVB MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECUIRTY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERIVCES OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM ANY OF THE SERVICES AVAILABLE ON THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. WITHOUT LIMITING THE FOREGOING, NEITHER TVB NOR ANYONE ASSOCIATED WITH TVB REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, APP, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TVB OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEUQENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES ARE AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to you.

  1. Indemnification.

You agree to indemnify, defend and hold TVB, and its affiliates, board of trustees, officers, agents, partners and employees, harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and these Terms.

  1. Third Party Materials.

The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that TVB is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Links from the TVB.org website to any other site do not mean that TVB approves of, endorses or recommends that site.

 TVB does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

  1. Notice Regarding Apple for Our Mobile Users. The following additional terms and conditions apply to use of the app on an Apple, Inc. (“Apple”) iOS-powered mobile device. You and TVB acknowledge that these Terms are concluded between you and TVB, and not with Apple. Apple is not responsible for the app or the Content thereof. You agree that your license to use the app is limited to the Apple iOS Mobile Devices that you own or control and that your use of the app shall be subject to the usage rules set forth in Apple’s then-current App Store Terms of Service. You and TVB acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the app to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the app to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the app to conform to any applicable warranty.

Please note that we have disclaimed all warranties in these Terms.  You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third-party claim that the app or your possession and use of the app infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a United States government embargo and that you are not listed on any United States government list of prohibited or restricted parties. TVB’s contact information for any questions, complaints or claims with respect to the app is set forth below. You agree to comply with all applicable third-party terms of agreement when using the app. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

  1. Miscellaneous.
    1. Governing Law; Jurisdiction and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of New York. 
    2. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.  If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
    3. Entire Agreement. These Terms, including our Privacy Policy, constitute the sole and entire agreement between you and TVB with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  2. Notice to California Residents.  If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  3. Questions. If you have any questions about this Privacy Policy or our information practices, please email us at info@tvb.org.