The Site is a news service made available to you by TV360, LLC (“CJ Pearson”, “we” or “us”). All of the content, software and services available through the Site, including but not limited to any subscription services, whether offered by CJ Pearson or a third party link provided by the Site are referred to herein as the “Services.”
ACCESS; VERIFICATION; USE OF PERSONAL INFORMATION
You must be at least 13 years of age to use the Services. Verification of your age may be requested or required in connection with your use of all or a portion of the Services. Should CJ Pearson suspect that your personal data provided is not accurate or complete, CJ Pearson may suspend or terminate your access to the Services.
Each email communication we send you will contain instructions permitting you to opt-out of receiving future communications. If at any time you wish not to receive any future communications or to have your name deleted from our mailing lists, you may follow the “unsubscribe” procedure included with the email communication, where you will be provided with an opportunity to opt-out from all or a portion of communications to which you subscribe.
USE OF SERVICES; PROHIBITED CONTENT AND ACTIVITIES
You agree to use the Services only as lawful in the United States, and all jurisdictions and subdivisions thereof, and in any nation and jurisdiction in the world, and all subdivisions thereof, with respect to which you use, access or reach out to with regard to the Services.
Without limiting the forgoing, you agree not to: use the Services for any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via email, without CJ Pearson’s express prior written approval and, if then, solely in accordance with terms and conditions imposed by CJ Pearson with respect thereto; not to use the Services or any element or portion thereof (including, without limitation, email addresses of users) for any commercial purpose whatsoever; use the Services in any way that abuses, defames, stalks, annoys, threatens, harasses or violates the rights of privacy, publicity, intellectual property or other legal rights of a person or entity (now or hereafter recognized) or which encourages conduct which would violate any law or give rise to civil or criminal liability or post, publish, transmit, distribute, disseminate or upload any inappropriate, infringing, defamatory, profane, indecent, obscene, lewd, lascivious, filthy, excessively violent or illegal/unlawful material or matters, including, without limitation, information, topics, names or other material; attempt to impersonate another user or any other third party by selecting or using the name, address, email address or other identifying information belonging to another user or other person, or otherwise; use a user name, address, credit card information, email address, pseudonym or other identity belonging to any other person, for any reason whatsoever, without the prior express written authorization of such person; use a false “header” – the legend attached to email messages to show the message’s point of origin, route and destination – or otherwise falsely configuring email; use a user name, email address, or header that CJ Pearson, in its sole discretion, deems inappropriate; disseminate multiple unsolicited copies of email through the Services in violation of any law; upload files that contain software or other material protected by intellectual property laws, rights of publicity or privacy, except if you own or control such rights or have received all necessary consents, permissions, licenses, approvals; upload files that you know or have reason to believe may contain viruses, corrupted files, or any other similar software or program that may result in damage to the operation of CJ Pearson’s Services, networks or servers or to another’s computer;
conduct or forward surveys, contests, pyramid schemes or chain letters; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict, inhibit, harass or attempt to prevent any other user from using and enjoying the Services, or that, in our sole judgment, exposes us or any of our affiliates, users or any other third party to any liability, damages, or detriment of any type; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device or network; disclose personal information and/or collect information about others, including email addresses, without their prior consent; or violate any applicable domestic or international laws or regulations.
With the exception of web browser access, you agree not to use bots, spiders, intelligent agent software or any other software, program, application or any other device to access the Site or the Services to automate the process of obtaining, harvesting, uploading, transferring or transmitting any content to or from CJ Pearson’s computer systems, the Site or the Services. You agree not to, nor to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Services and not to data mine the Services or in any way cause harm to or burden the Services.
Dennis Michael Lynch has established reasonable precautions to protect collected Personal Data from loss, misuse, unauthorized access, disclosure, alteration or destruction, which include contractual, administrative, physical, and technical steps. Technical measures include use of firewall protection and encryption technology where appropriate. Although Dennis Michael Lynch takes reasonable precautions to assess the reliability of such technology, it relies on the statements of the vendors of those products and services as part of its security evaluation. BY USING THE Dennis Michael Lynch OFFERINGS, YOU ACKNOWLEDGE AND CONSENT TO THE FACT THAT Dennis Michael Lynch SHALL HAVE NO LIABILITY FOR FAILURES OF SUCH PRODUCTS AND SERVICES AND THAT YOU SHALL HAVE RECOURSE SOLELY AGAINST THE MANUFACTURERS OR VENDORS THEREOF. Please note that while Dennis Michael Lynch has endeavored to create secure and reliable sites and mobile application(s) for users, the confidentiality of any communication or material transmitted to/from Dennis Michael Lynch or the Dennis Michael Lynch Offerings or via email cannot be guaranteed.
USER CONTENT AND SUBMISSIONS
The Services may permit you to submit, post and distribute text, files, images, photos, graphics, data, messages, video, audio, works of authorship or any other materials or information in connection with their use of the Services (collectively, the “User Content”). This User Content may reside on our servers or on the servers of a third party. You are solely responsible for the User Content and other content that you submit, post or distribute on or through the Services or Site and any material or information that you transmit to others and for your interactions with others. CJ Pearson does not control or endorse the User Content, messages or information submitted, posted or distributed by users, and, therefore, CJ Pearson specifically disclaims any responsibility with regard thereto.
You agree not to provide User Content that: infringes on, misappropriates or otherwise violates the copyright, trademark, patent or other intellectual property right of any person;
is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, or sexually-explicit; violates a person’s right to privacy or publicity; contains advertising or a solicitation of any kind; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;contains epithets or other language or material intended to intimidate or to incite violence; or violates any applicable local, state, national, or international law, or advocates illegal activity.
If the Services permit you to post or publish User Content, you may only post User Content that is original and that you have the right to post. You grant to CJ Pearson a royalty-free, non-exclusive, world-wide, irrevocable, transferable license, including the right to sublicense to third parties without restriction, in perpetuity throughout the universe, right and license to fix, copy, reproduce, display, modify, adapt, edit, elaborate, combine with other material, transform, title, re-title, subtitle, dub, translate, advertise, publish, sell, vend, rent, lend, distribute, broadcast (by terrestrial, cable, satellite or any other means), cybercast, perform, utilize, create derivative works of, or otherwise exploit (collectively, “Exploit”) your User Content, in any and all manner, mediums or methods, now known or later devised. You hereby waive and relinquish all rights known as “moral rights’ or “droit moral” now or hereafter recognized.
The Services may have features that allow you to send or exchange messages with third parties. CJ Pearson makes no warranties, express or implied, takes no responsibility and assumes no liability for any content, materials, messages and the like that you or any other user sends, receives, distributes or posts through any email or instant message system. You agree to defend, indemnify and hold harmless CJ Pearson, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors, as applicable, from and against all claims resulting from content, materials, messages, and the like that you send, receive, submit, post or distribute in connection with the Services or the Site, including sending an email through the Services.
If you are under the age of 13, you may not submit any User Content to us. If you are under the age of 18 but at least 13 years of age, you may submit User Content only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these rules for the benefit of an individual between the ages of 13 and 18, please be advised that you are fully responsible for his or her User Content and any legal liability that he or she may incur.
SUBSCRIPTION SERVICES AND ACCOUNTS
You may be asked to provide an email address, cell phone and other personal information to subscribe to the CJ Pearson newsletters, alerts or other Services or to set up an account on our Site. When you subscribe or set up an account, you agree to provide accurate, current and complete information about yourself as requested or directed and to promptly update this information to maintain its accuracy. CJ Pearson has the right to suspend or terminate any account or other registration and to refuse any and all current or future use if it suspects that such information is inaccurate or incomplete. When you subscribe or set up and account, you consent to CJ Pearson contacting you via these methods for any communication, whether for transactional or marketing purpose and you agree we can send you legal notices or other disclosures via these contact methods as well, in addition to or in lieu of providing such notices on our Site. It is your responsibility to check your designated email address regularly for notices. The delivery of any notice from CJ Pearson is effective when sent by CJ Pearson, regardless of whether you read the notice when you receive it or whether you actually receive the delivery.
CJ PEARSON CONTENT
You acknowledge that all copyrights and other Intellectual Property Rights in the Services are owned by CJ Pearson or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the CJ Pearson Content, software and Services, nor will you attempt to do so. Except as otherwise expressly permitted by applicable law, you agree not to copy, redistribute, publish or otherwise exploit material which you download from the Services without the express prior written permission of CJ Pearson and, if applicable, the owner of such material (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights by downloading content or software from the Services.
The Services contain the content of other users and other CJ Pearson licensors. Except for User Content posted by you, and as otherwise expressly permitted herein, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, rent or otherwise Exploit any CJ Pearson Content or other content appearing on or through the Site or Services.
EDITING AND BLOCKING CONTENT
CJ Pearson assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time CJ Pearson chooses, in its sole discretion, to monitor the Site, CJ Pearson nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the user submitting any User Content.
COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that materials hosted by the Site infringe your copyright, you or your agent may submit a Digital Millennium Copyright Act (“DMCA”) notice by providing CJ Pearson with the following information in writing: a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your name, address, telephone number, and email address and all other information reasonably sufficient to permit CJ Pearson to contact you; 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; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notification that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon CJ Pearson actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to CJ Pearson a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA.
Notice of claims of copyright infringement can be made as follows:
Designated Agent: Webmaster
Address of Agent: [EDIT]
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the contact address for CJ Pearson set forth below:
your physical or electronic signature; identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the User Content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [EDIT] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Counter-notice of claims of copyright infringement can be sent to:
Designated Agent: Webmaster
Address of Agent: [EDIT]
If a counter-notice is received, you agree that CJ Pearson may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CJ Pearson’s sole discretion. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.
THIRD PARTY SERVICES; EXTERNAL LOCATIONS AND LINKING
The Services may contain links to third party sites and the ability to access external portions of the Internet. You agree that CJ Pearson is not responsible for the availability of these third party sites, the content, including, without limitation, solicitations thereon or products or services made available thereby. Such links do not constitute an endorsement by CJ Pearson of those other websites or online services, the content displayed therein, or the persons associated therewith. You acknowledge that some third party sites may contain materials or communications which are unedited, untrue, and illegal in some jurisdictions and may be offensive. You agree to access third party sites at your own risk and not to permit minors to have access to inappropriate material. You agree that CJ Pearson shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such third party site and you hereby irrevocably waive any and all claims related thereto against CJ Pearson, its parents, subsidiaries, affiliates, employees, representatives, agents, attorneys, directors, officers, managers, shareholders, third-party content providers or licensors.
INDEMNIFICATION; LIMITATION OF LIABILITY
DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
WITHOUT LIMITING THE FOREGOING, NEITHER CJ PEARSON NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT (1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (2) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. CJ Pearson shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of the Site.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CJ PEARSON OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
CJ PEARSON DISTRIBUTES CONTENT SUPPLIED BY THIRD PARTIES AND MAY PROVIDE LINKS TO EXTERNAL LOCATIONS OPERATED BY THIRD PARTIES. ALL COMMUNICATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY OTHER USERS, IS SOLELY MADE BY THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NEITHER CJ PEARSON NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF, OR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE; NOR DO THEY MAKE ANY GUARANTEE, ENDORSEMENT OR WARRANTY WITH RESPECT THERETO. YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY COMMUNICATION AND AGREE TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WITH RESPECT TO ALL COMMUNICATION AND TRANSACTIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES OR SITE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT NEITHER CJ PEARSON NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR SITE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT NEITHER CJ PEARSON NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD CJ PEARSON OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, SITE AND EXTERNAL SITES AND INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
GOVERNING LAW; ARBITRATION
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not be given any legal import.