| By using TVTRACKER.COM, Inc.'s TVtracker.com web site ("TVtracker.com Site"), you (hereafter, "you" or "subscriber") hereby agree to be bound by all of the terms, conditions and restrictions contained in this Subscriber Agreement ("Agreement"). You shall have the sole responsibility for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the TVtracker.com Site and you shall be responsible for all such charges related thereto. TVTRACKER.COM reserves the right at its discretion to change the terms of this Agreement and will endeavor to notify users of any such changes by email to the address you provide. Your continued use of the TVtracker.com Site after the electronic mailing of any notice of change in terms shall constitute your acceptance to be bound by any such changes.
1. PAYMENT OF FEES
You agree to pay all charges incurred on your Account, including charges, surcharges or monthly subscription fees for online use of the TVtracker.com Site as well as any additional charges for any merchandise or services added to your Account. You shall pay all applicable taxes relating to use of the TVtracker.com Site through your Account. TVtracker.com Site may elect to add or change fees with 30 days written notice to its users. While TVtracker.com is careful to protect your credit card information, it is possible that any information you transmit to the TVtracker.com Site could be viewed and reproduced while it is in transit. THE TVTRACKER.COM SITE SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
2. LIMITATIONS ON USE
Restrictions on Use. All information displayed, transmitted or reproduced on the TVtracker.com Site (including, without limitation, tracking data, directories, news articles, opinions, reviews, text, photographs, images, illustrations, audio or video clips, trademarks, service marks and the like, collectively the "Content") is protected by federal and state copyright laws as well as other intellectual property laws. The Content is and remains the property of TVTRACKER.COM, Inc. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the TVtracker.com Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.
Permitted Use. You shall not archive or retain any Content in any form without the written permission of TVTRACKER.COM, Inc. You may not copy, redistribute (including via e-mail or the Internet) or otherwise reproduce the Content, whether or not for payment or other consideration, without the written permission of TVTRACKER.COM, Inc. All inquiries relating to the reproduction or distribution of the Content should be directed to TVTRACKER.COM, Inc. by phone at (323) 962-5000, by fax at (323) 962-6264, or by email to support@tvtracker.com. IF TVTRACKER.COM SUSPECTS THAT YOUR USE OF YOUR ACCOUNT IS ILLEGAL, FRAUDULENT OR OTHERWISE ABUSIVE, TVTRACKER.COM RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT AND TVTRACKER.COM MAY REFER YOU TO LAW ENFORCEMENT AUTHORITIES.
Non-Transferable Account. Access to the areas requiring registration on the TVtracker.com Site is intended for the subscriber only. You are responsible for maintaining the confidentiality and controlling the use of your User ID and Password, for the payment of all charges incurred in your account, and for any violation of the terms of this Agreement by anyone using your account. You may not resell, transfer or assign your Account or allow others to access it, in whole or in part.
Changes to TV Tracker.com Site.TVTRACKER.COM may modify, suspend, discontinue or restrict the use of any portion of the TVtracker.com Site, at any time and without notice or liability.
3. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY THE TVTRACKER.COM SITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. TVTRACKER.COM DOES NOT IN ANY WAY REPRESENT OR ENDORSE THE ACCURACY, VERACITY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE TVTRACKER.COM SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. TVTRACKER.COM MAKES NO WARRANTY REGARDING THE TVTRACKER.COM SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE TVTRACKER.COM SITE. TVTRACKER.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE TVTRACKER.COM SITE; AND (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR AGAINST INFRINGEMENT. IN NO EVENT WILL TVTRACKER.COM, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE TVTRACKER.COM SITE, ITS PUBLIC POSTING BULLETIN BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. ANY LIABILITY OF TVTRACKER.COM, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO TVTRACKER.COM BY OR ON BEHALF OF YOU IN CONNECTION WITH THE TVTRACKER.COM SITE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. NOTICE OF TERMINATION TO THE TVTRACKER.COM SITE IS THE ONLY REMEDY AFFORDED MEMBERS DISSATISFIED WITH THE CONTENT, OR CHANGES IN POLICIES, TERMS OF THIS AGREEMENT OR SERVICE FEES RELATING TO THE TVTRACKER.COM SITE.
4. TERM AND TERMINATION
At the end of your term, Annual subscribers, unless TVTRACKER.COM notifies you in writing, will be automatically renewed for an additional term at existing rates. For Monthly subscribers, at the end of the month your account will be automatically renewed at existing rates. Monthly subscribers must notify TVTRACKER.COM on or before the last day of the current month to deactivate their account. If no such notification is made, TVTRACKER.COM reserves the right to bill member for the following month of service. You will remain responsible for the payment of all charges incurred in your account before the termination becomes effective. You may cancel this agreement by notifying TVTRACKER.COM:
BY WRITING TO:
TVtracker.com Termination
816 N. Crescent Heights Blvd.
Los Angeles, CA 90046 USA
BY FAX:
(323) 962-6264
BY E-MAIL
support@tvtracker.com
Any such notice of termination will be effective upon
receipt by TVTRACKER.COM.
TVTRACKER.COM may elect to block access to the site if you are in default of any provision of the Agreement or if charges to your credit card account for your use of the service are rejected. This agreement and the license provided herein may be terminated by TVTRACKER.COM at any time for any reason without notice. The provisions of Paragraph 1 "Fees and Payments" and Paragraph 3 "General Disclaimer and Limitation of Liability" and Paragraph 5 "Indemnification" shall survive the termination of this Agreement.
5. INDEMNIFICATION
Subscriber agrees to indemnify, defend and hold harmless TVTRACKER.COM, its affiliated companies, employees, agents, and any third-party information providers from and against all losses, expenses, damages, costs, including attorney fees resulting from any violation of this Agreement or any activity related to subscriber's account, including negligent or wrongful conduct by the subscriber or any other person accessing the TVtracker.com Site using the subscriber's account.
6. ACCURATE SUBSCRIBER INFORMATION
Subscribers shall provide the TVtracker.com Site with accurate, complete and updated information as to his or her name, email address, and credit card information provided by Subscriber at registration. Failure to do so shall constitute a breach of this Agreement.
7. EXTERNAL LINKS
TVtracker.com Site contains links to other web sites, resources and advertisers. TVtracker.com Site is not responsible for the availability of these external sites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external sites. Under no circumstances shall TVtracker.com Site be held responsible or liable, directly or indirectly, for any loss of damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available to such external site. Any concerns regarding any external link should be directed to its respective site administrator.
8. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Los Angeles, State of California within one year after the cause of action, otherwise the cause shall be barred. The parties agree that this agreement is the complete and exclusive statement of the Agreement between the parties that supersedes all prior proposals, understandings, and all other agreements oral or written between the parties relating to this Agreement. If any provision of this Agreement is invalid, illegal, or enforceable under any statute or rule of law it is to that extent deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. |
