Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE. By accessing or using BreakTV.com™’s ("Break TV") Web Site, you expressly agree to be bound by the terms and conditions set forth herein and the disclaimer set forth above. If you are not willing to be bound by these terms and conditions and disclaimer, you may not access or use the service. BreakTV may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the services shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright. The entire contents of the Web Site are copyrighted as a collective work under the United States and other copyright laws. BreakTV holds the copyright in the collective work. The collective work includes works that are licensed to BreakTV. Copyright 1999, BreakTV Corporation ALL RIGHTS RESERVED. The collective work may include works that are the property of BreakTV’s Licensors which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Web Site solely for your own non-commercial use. Any redistribution, retransmission, or publication of any material is strictly prohibited without the express written consent of the copyright owner. You further agree not to change or delete any proprietary notices from materials downloaded from the Service.
2. Trademarks. All trademarks, service marks and trade names of BreakTV used herein are trademarks or registered trademarks of BreakTV.
3. Equipment. You must provide, at your own cost, all electronic and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Web Site.
4. Links to Third Party Sites. The links throughout this Web Site will let you leave BreakTV’s Web Site. These linked sites are provided as a courtesy only, and are not under the control of BreakTV in any manner whatsoever. Therefore, BreakTV is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. BreakTV is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express endorsement or sponsorship by BreakTV of the site and/or any of its content therein.
5. License and Idea Submission. You agree to grant to BreakTV a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Web Site (such as bulletin boards, guest book, forums and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against BreakTV for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
6. Use of Service. Harassment in any manner or form on the Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an BreakTV or other licensed employee, host, or representative as well as other members or visitors on the Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Web Site or solicit others to join or become members of any other commercial online service or other organization.
7. Review. BreakTV does not and cannot review all communications and materials posted or uploaded to the service and; is not responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to distribute your content on the Web Site, BreakTV is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Web Site, including the chat room. However, BreakTV reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to BreakTV at its sole discretion. Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
8. Disclaimer. THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BREAKTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BREAKTV DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BREAKTV DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMLINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation on Liability. BREAKTV SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF BREAKTV HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Indemnification. You agree to indemnify, defend, and hold harmless BreakTV, its officers, directors, employees, agents, licensors, suppliers and Licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Web Site using your Internet account.
11. Term; Termination. This Agreement shall commence upon your accessing the Web Site. This Agreement may be terminated by BreakTV without notice at any time for any reason and may be terminated by you upon notice to BreakTV at any time for any reason. The provisions of paragraphs 1 (Copyright), 10 (Indemnification) and 12 (Miscellaneous) shall survive any termination of this Agreement.
12. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between BreakTV and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Los Angeles, California. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises. BreakTV's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BreakTV may assign its rights and duties under this Agreement to any party at any time without notice to you.
You acknowledge that the provisions, disclosures and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by BreakTV contrary to those set forth above.