Terms of Service

OVEE TERMS OF SERVICE

Date of Last Revision: August 12, 2016

By using or accessing the OVEE website in any way, you irrevocably accept and agree to comply with these OVEE Terms of Service (which incorporate and include the OVEE Privacy Policy, the OVEE Copyright and DMCA Policy, and the OVEE Uploading and Posting Guidelines, and any other policies, guidelines, and amendments that may be implemented by ITVS), which form a binding legal agreement between you and ITVS. If you do not wish to be bound by this agreement, do not use the OVEE website or service. Your continued use of OVEE or access of the OVEE website after any revisions or updates to this agreement are published constitutes your acceptance of any such revisions or updates.

These Terms of Service constitute a legal agreement between you and ITVS regarding your use of the OVEE platform and website (hereafter referred to as the “Agreement”). The Agreement between you and ITVS includes these OVEE Terms of Service, as well as the OVEE Privacy Policy, the OVEE Copyright and DMCA Policy, and the OVEE Uploading and Posting Guidelines, and any other policies, guidelines, or amendments that ITVS may incorporate into this Agreement from time to time, which are each incorporated here by this reference and made a part of your Agreement with ITVS.

1. Basic Terms
Independent Television Service, Inc. and its affiliates and sublicensees ("ITVS", "We", or "Us") offers OVEE, a social screening platform for watching your favorite PBS and local public television programs together, (the “Service”) through its websites currently located at https://ovee.itvs.org, which exact URLs may change from time to time (together the “Site”). If applicable, you may be required to set up an account to access portions of the Site or Service. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display, including, without limitation, any videos, pictures, or comments, (collectively “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you own and are comfortable sharing with others pursuant to the terms of this Agreement.

2. Ownership
The Site and Service, and each of their components, are the copyrighted and other intellectual property of ITVS and its various providers and distributors, or is the user-generated-content of visitors to the Site or Service. Portions of the content found or displayed on the Site or Service may be owned by such providers and distributors or by visitors to the Site or Service, and is the intellectual property of the respective party. None of the content or data found on the Site or Service may be reproduced, republished, distributed, sold, transferred, or modified without the prior express written permission of ITVS. In addition, the trademarks, logos, and service marks displayed on the Site and Service (collectively the “Trademarks”) are the registered and common law trademarks of ITVS and various third parties. Nothing contained on the Site or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written permission of ITVS or such other party that may own the Trademarks. This Agreement is also ITVS’s property and is subject to copyright protection.

3. Your Use of the Site and Service

    a. License to Use the Site and Service. On the condition that you comply with all your obligations under this Agreement, ITVS grants you a limited, non-exclusive, and freely revocable license to access and use the Site and Service for your own personal, non-commercial purposes. This includes the right to view content available on the Site and Service. This license is personal to you and may not be assigned or sublicensed to anyone else. Any other use of the Site or Service that We determine to be contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. You are solely responsible for the activity that occurs on your account and for the Content you upload and, if applicable, you must keep your account password secure. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Site and Service and all related items, including any and all copies made of the Site or Service. All rights not expressly granted by ITVS in writing are reserved.

    b. Commercial Use Forbidden. You agree not to use the Site or Service for any form or type of commercial purposes, monetary or otherwise.

    c. Other Restrictions. Except as expressly permitted by ITVS in writing, you will not copy, reproduce, retransmit, make available, disseminate, publish, broadcast, circulate, redistribute, sell, commercially exploit, create derivative works from, decompile, or disassemble the Site or Service or any works or content posted to it other than your own Content. You agree not to use any works or content posted on the Service or Site, except that you may display and print one copy of the materials presented on the Site or Service on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing by ITVS. Unauthorized use of the Site or Service and the content contained therein may violate applicable copyright, trademark, intellectual property, or other laws. You agree not to disturb any and all copyright and trademark notices, and any other proprietary notices, contained on any materials or content you find on the Site or Service. The use by you of any content or materials appearing on the Site or Service on any other website, in any environment of networked computers, or for any unlawful purpose is prohibited. You will not take any measures or actions, deliberately or negligently, to interfere with or damage the Site or Service. You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the operation of the Site or Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or Service’s infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, the Service, or our individual web pages or the content contained herein, including, but not limited to, the email addresses of our members or visitors, without the prior express written consent from ITVS (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Site or Service). You may not modify, adapt, translate, decompile, or disassemble any portion of the Site or Service, nor may you create a database by downloading and storing content from the Site or Service.

    In addition to reviewing this Agreement, you agree to read the official rules that accompany any special offer, coupon, discount or promotion that We may offer or conduct before you participate in such offer, coupon, discount, or promotion.

4. Your Promises and Obligations
By using or accessing the Site or Service, You agree to comply with all applicable laws, the terms of this Agreement, which includes the OVEE Privacy Policy, the OVEE Copyright and DMCA Policy, and the OVEE Uploading and Posting Guidelines, as each may be amended from time to time with or without advance notice. Your continued use of the Service or access of the Site after any such updates or amendments are published constitutes your acceptance of any updates or amendments.

You agree to conduct your use of the Site and Service in a civil and respectful manner at all times. You agree you will not: (1) act in a deceptive manner by, among other things, impersonating any person or entity; (2) harass or stalk any other person; (3) harm or exploit minors; (4) distribute “spam;” (5) collect information about others; or (6) advertise or solicit any product or service. ITVS has the right, but not the obligation, to monitor all conduct on the Site and Service, as well as any Content submitted to the Site or Service, and to remove any Content for any or no reason, including because the Content is deemed by Us to be inappropriate or because third-parties have complained about the Content. You agree not to copy, disseminate, or transmit any content on the Site or Service (or any coding within the Site or Service) without the prior express, written permission of ITVS.

You agree to notify ITVS immediately at ovee@itvs.org if you believe that anything on the Site or Service violates any of your rights. Please see the OVEE Copyright and DMCA Policy for further information.

5. Third-party Websites; Third-party Activity
ITVS may use third party websites to enhance the OVEE experience. Third-party sites have their own user terms, which you should review prior to using or accessing such sites. In addition, hyperlinks provided on the Site and Service which link to other third party websites are provided for your information and convenience only, and ITVS does not assume any responsibility or liability, nor make any representations, with respect to any website linked from the Site or Service (or any website linking to the Site or Service). ITVS does not review or monitor such links to third party websites. A link from the Site or Service to a third party website (or a link from another website to the Site or Service) does not constitute a referral, endorsement, approval, advertising, offer, or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. ITVS is not responsible for, and makes no representations regarding, the content or the privacy practices employed or used by third party websites.

Certain third parties that sponsor, host, or are otherwise involved with OVEE content may include “donate” buttons on the Site of Service and may post comments or other material via the Site or Service asking for donations or other forms of participation. ITVS assumes no responsibility for and does not make any representations or endorsements concerning any such third-party communications or solicitations that may appear on the Site or Service.

6. Ownership of Your Content; Licenses Granted by You

    a. Ownership of Your Content. As between you and ITVS, you own the Content that you submit to the Site or Service.

    b. Your Grant of Licenses to ITVS. By submitting Content to the Site or Service, you grant ITVS, and its sublicensees, successors, assigns, and affiliates, an irrevocable, limited, worldwide, non-exclusive, royalty-free license and right to use, copy, transmit, publish, disseminate, distribute, publicly perform, and display (through all media now known or hereafter created), and to make derivative works from your Content. Without limiting the foregoing, ITVS shall have the right to: (i) display the Content within the Site or Service; (ii) display the Content on third-party websites and applications through content embed applications, ITVS's API, or any other technologies; (iii) allow other users to play, download, and embed on third-party websites the Content; (iii) use the Content to promote ITVS, ITVS’s funders and partners, the Site, or Service; and (iv) archive or preserve the Content for disputes, legal proceedings, or investigations. ITVS and its affiliates and sublicensees will have the right to use your Content or suggestions without any compensation to you.

    c. Your Grant of Licenses to Other Users of OVEE. By submitting Content to the Site or Service, you also irrevocably grant all users of the Site or Service permission to view your Content for their personal, non-commercial purposes. This includes the right to use, copy, display, and make derivative works from the Content solely to the extent necessary to view the Content. The foregoing licenses are in addition to any license you may decide to grant (e.g., a creative commons license).

    d. Duration of Licenses You Grant. The above licenses shall continue in full force and effect unless and until you remove your Content from the Service and Site or terminate the Agreement (see Termination section below), in which case the licenses you granted will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the licenses for promotion and for legal archival and/or preservation purposes are irrevocable, will continue indefinitely, and will not be affected by termination of the Agreement. In addition, ITVS may retain the public server copies of your Content that have been removed or deleted regardless of whether the Agreement has been terminated. Please also be aware that Content removed by you may be cached in search engine indices after removal, and that ITVS has no control over such caching.

    e. No Obligation to Use Content; Freely Removable. ITVS is under no obligation to use any Content. ITVS may remove Content from the Site or Service at any time and for any, or no, reason.

    f. Content Restrictions. All Content you submit must also comply with OVEE’s Uploading and Posting Guidelines.

7. Your Representations and Warranties
You represent and warrant that: (a) you are not currently restricted from using the Site or Services, or not otherwise prohibited from having an account with Us; (b) you have full power and authority to enter into this Agreement and doing so will not violate any other agreements to which you are a party; (c) you will not violate any of our rights or the rights of other users of the Site or Service, including, but not limited to, intellectual property rights such as copyright or trademark rights; (d) you agree to provide at your sole cost all equipment, software, and internet access necessary to use the Site or Service; (e) you have the right to submit any Content you upload or make available on the Site or Service, and you have the right to grant the licenses set forth in this Agreement; (f) We do not and will not need to obtain licenses from any third party or pay royalties to any third party in connection with your Content for any reason; (g) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (h) the Content complies with all terms of this Agreement and all applicable laws. This section will survive the termination of this Agreement and shall exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site or Service.

8. Indemnification
You agree to indemnify, defend, and hold ITVS, the Corporation for Public Broadcasting, PBS, and each of their respective affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, assigns, sublicensees, successors, and agents, harmless for any and all damages, losses, expenses, claims, alleged or actual, and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to any third-party claims, charges, and investigations that: (a) arise from your activities on the Site or Service; (b) assert a violation by you of any term of this Agreement, including any representations and warranties herein; (c) arise from your failure to comply with this Agreement or any representations or warranties herein; or (d) assert that any Content you submitted violates any law or infringes any right of any third-party, including, but not limited to, any intellectual property or privacy rights. Your indemnity obligations set forth in this paragraph and Agreement shall survive the termination of this Agreement and will exist in perpetuity, regardless of whether you cease using the Site or Service or remove Content from the Site or Service.

9. Privacy
Your use of the Site or Service constitutes your acknowledgment, acceptance, and agreement of the OVEE Privacy Policy. Please note that any ideas, messages, information, or Content you post or make available on the Site or Service may be seen and used by other users of the Site and Service, and We cannot guarantee and make no representation regarding the use of your ideas, messages, information, or Content you post or make available on the Site or Service by other users. Accordingly, if you have an idea, Content, or information that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by your sharing, do not post it on the Site or Service.

WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE OR SERVICE.

For more information about the information, Content, and data supplied by you and collected by Us, please see the OVEE Privacy Policy.

10. Membership

    a. Registration. To access the full Site or Service, you may be required to register as a member and create a user account by providing a user name, password, and/or valid email address. You agree that any such registration information you provide will be complete and accurate, and you agree to notify Us if your information changes. If you are a business, government, or non-profit entity, you agree that the person whose email address is associated with the account will have the authority to bind the entity to this Agreement.

    b. User Name. We encourage you to use your real name. If you are a business, government, or non-profit entity, you agree to use the actual, legal name of your organization. When creating your account, you must provide accurate and complete information. You may not use someone else's name, a name that violates any third party rights, or a name that is obscene or otherwise objectionable in Our sole discretion.

    c. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You agree to not allow others to use your account. You agree to safeguard the confidentiality of your account password. If you are using a computer that others have access to, you agree to log out of your account after using the Site or Service. If you become aware of an unauthorized access of your account, you agree to change your password and notify Us immediately at OVEE@itvs.org.

11. Term and Termination; Account Deletion

    a. Term of Agreement. This Agreement begins on the date you first use the Site or Service and continues as long as you use the Site or Service or have an account with Us, except as otherwise provided in this Agreement.

    b. Mutual Right of Termination. You may terminate this Agreement for any or no reason, at any time, by written notice to ITVS at OVEE@itvs.org.. Any such notice of termination by you will be effective upon ITVS processing your notice. ITVS may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice to you. Such termination will be effective immediately or as may be specified in a notice to you. Termination of your account may also include disabling your access to the Site or Service.

    c. Termination for Breach. ITVS may suspend, disable, terminate, or delete your account (or any part thereof), or block or remove any Content you submitted, for any or no reason, including if ITVS determines that you have violated any provision of this Agreement or that your conduct or Content would tend to damage ITVS's reputation and goodwill or for any other behavior that We, in our sole discretion, deem contrary to the purpose of the Site or Services. If ITVS deletes your account and/or terminates this Agreement, you may not use or re-register for the Site or Service. ITVS shall always have the right to block your email address and/or Internet protocol address to prevent further use or registration.

    d. Effect of Termination; Account Deletion. Upon termination of this Agreement, all licenses granted to you by ITVS will terminate. All sections of this Agreement that indicate that they are perpetual, indicate they survive termination, or that indicate that they are irrevocable, all representations and warranties, and all indemnification provisions herein will survive termination. In the event of account deletion or termination, Content that you submitted may no longer be available. ITVS is not responsible for any loss of Content.

12. Disclaimers and Exclusion of Warranties

YOU AGREE THAT ITVS HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SITE OR SERVICE AND THAT THE SITE AND SERVICE ARE BEING OFFERED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND.

ITVS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITE AND SERVICE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. YOU AGREE TO USE THE SITE AND SERVICE AT YOUR OWN RISK. ITVS AND ITS THIRD PARTY PROVIDERS DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ITEMS.

WITHOUT LIMITING THE FOREGOING, ITVS MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SITE OR SERVICE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY MEMBER; (D) CONCERNING ANY THIRD-PARTY'S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SITE OR SERVICE OR WILL BE STORED BY ITVS; (F) THAT THE SITE OR SERVICE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS; (G) THAT SITE OR SERVICE WILL CONTINUE OR THAT ANY SITE/SERVICE FEATURE WILL CONTINUE ; OR (H) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SITE OR SERVICE, EVEN IF LINKED TO FROM THE SITE OR SERVICE.

DO NOT RELY ON THE SITE OR SERVICE OR ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE SITE AND SERVICE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ITVS DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

ITVS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE SITE OR SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE/SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE/SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TERMS IN CONTRACTS WITH CONSUMERS; ACCORDINGLY, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT ANY DISCLAIMER OF WARRANTIES DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE OR SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.

ITVS reserves the right to modify the Site and Service at any time and without any notice to you. You are responsible for providing your own access (e.g., computer, mobile device, internet connection, etc.) to the service. ITVS has no obligation to screen or monitor any content and does not guarantee that any content available on the site or service complies with this Agreement or is suitable for all users.

13. LIMITATION OF LIABILITY.

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE SITE OR SERVICE, ANY CONTENT THEREON, OR ANY OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE OR SERVICE. NEITHER ITVS NOR ANY OF ITS SUBSIDIARIES, FUNDERS, SUCCESSORS, ASSIGNS, AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, CONTRACTORS, SHAREHOLDERS, OR DIRECTORS (THE “AFFILIATES”) WILL BE CUMULATIVELY (OR OTHERWISE) LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT, OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM THE SITE OR SERVICE. THE TOTAL LIABILITY OF ITVS AND ITS AFFILIATES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE OR SERVICE. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY WILL:

    (A) APPLY REGARDLESS OF WHETHER (1) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (2) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (3) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND

    (B) NOT APPLY TO ANY DAMAGE THAT THE SITE OR SERVICE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM IN THIS AGREEMENT.

ITVS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR SERVICE OR THE ITVS COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE OR SERVICE.

ITVS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE OR SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE OR SERVICE BY OTHER USERS OF THE COMMUNITY; THEREFORE, ITVS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

ITVS DOES NOT GUARANTEE THAT THE SITE OR SERVICE IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE OR SERVICE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ITVS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ITVS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE OR SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR SERVICE OR ANYTHING RELATED TO THE SITE OR SERVICE, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.

SOME COUNTRIES, JURISDICTIONS, AND TERRITORIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

14. 18 U.S.C. § 2257 Compliance Statement

All pictures, graphics, videos, and other visual media displayed by ITVS on the Site or Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256(2)(A)-(D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990. ITVS is not the primary producer of any Content contained in the Site or Service.

15. Export Control

Your use of the Site and Service, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving products of U.S. origin, including services or software.

16. General Provisions

    a. Relationship. Your use of the Site or Service is independent of ITVS and you are not an employee, agent, partner, or joint venturer with ITVS for any purpose.

    b. Non-Confidential. Except as expressly stated and previously agreed to in writing by ITVS, no confidential relationship will be established if you or any other user of the Site or Service make any oral, written, or electronic communication to ITVS (such as feedback, questions, comments, suggestions, ideas, etc.). If ITVS requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ITVS will obtain, use, and maintain it in a manner consistent with the OVEE Privacy Policy. Otherwise, any such communications and information submitted by you will be considered non-confidential, and ITVS will be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, research, development, manufacture, use, or sale of products incorporating such information. The provider of any information to ITVS is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any proprietary or privacy rights of third parties.

    c. Governing Law. This Agreement shall be governed by the laws of the State of California, United States of America, without regard to its principles of conflicts of laws.

    d. Exclusive Venue. Any action arising out of or relating to this Agreement or your use of the Site or Service shall be exclusively heard before the courts located in San Francisco, California, United States of America. Your use of the Site or Service constitutes your consent to the jurisdiction of these courts for all such purposes.

    e. Interpretation; Severability; No Waiver of Breach; Remedies. The headings in this Agreement are for convenience only and may not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect. No failure or delay by ITVS in exercising any right hereunder shall constitute a waiver of any further exercise of that right. ITVS's rights and remedies hereunder are cumulative and not exclusive. Nothing herein shall limit ITVS's right to object to subpoenas, claims, or other demands.

    f. Assignment of Agreement. This Agreement is binding upon and shall inure to the benefit of both parties’ respective successors, heirs, executors, administrators, personal representatives, and permitted assigns (including all parts of the Agreement that survive termination). We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. You may not assign this Agreement without ITVS's prior written consent.

    g. Notices. You agree to receive all communications including notices, agreements, disclosures, or other information from ITVS electronically. ITVS may provide all such communications by email, to the address you provide during account registration, or by posting such notice on the Site or Service. You may submit any inquires you have via email or U.S. mail to the following addresses:

         ITVS
         Attn: OVEE
         1435 Folsom Street
         San Francisco, CA 94103
         ovee@itvs.org

    h. Modification. This Agreement may only be modified by a writing signed by you and ITVS or by the posting of an updated or amended OVEE Terms of Service, OVEE Privacy Policy, OVEE Copyright and DMCA Policy, and/or OVEE Uploading and Posting Guidelines posted by ITVS on the Site or Service. Any updates to this Agreement and these policies will be effective as of the date it is posted on the Site or Service, and your use of the Site or Service after such updates or amendments are posted constitutes your acceptance. We reserve the right to modify, supplement, or replace the terms of the Agreement, effective upon posting at the Site or Service or notifying you otherwise. For example, The Site or Service may present a banner on the site when We have amended this Agreement or the OVEE Policies so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time as provided above.

    i. ENTIRE AGREEMENT: This Agreement, along with the incorporated OVEE Privacy Policy, OVEE Copyright and DMCA Policy, and OVEE Uploading and Posting Guidelines, constitutes the entire understanding between ITVS and you concerning the subject matter hereof and supersedes any and all prior agreements and understandings regarding the same.


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OVEE COPYRIGHT AND DMCA POLICY

This OVEE Copyright and DMCA Policy is included with and forms a part of the OVEE Terms of Service. Your agreement to be bound by the OVEE Terms of Service also constitutes your agreement to abide by this OVEE Copyright and DMCA Policy. OVEE and ITVS respect the intellectual property of others, and We ask our users to do the same. Each user is responsible for ensuring that the materials, content, or information they upload to the Site or Service do not infringe any third-party rights. It is our policy to respond to notices of alleged copyright infringement and terminate accounts or repeat infringers according to the process set out in the Digital Millennium Copyright Act (DMCA). This section describes how to serve a notice of infringing material and what to do if any material or content you post to OVEE becomes the subject of such a notice.

Please note, only Takedown notices alleging copyright infringement will be processed in accordance with the policy. Takedown Notices are NOT the forum to exercise or seek to enforce any other rights or claims you may have, such as defamation or invasion of privacy. Any claims or information contained in a DMCA notice that does not pertain to alleged copyright infringement on the Site or Service will be ignored, and any notices containing such irrelevant information may result in automatic rejection of your claim or notice for failing to comply with this policy and applicable law.

Submitting a Takedown Notice: If You Believe Your Work is Being Infringed

To remove copyrighted content, complete and send Us a DMCA Takedown Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, send our Designated DMCA Copyright Agent a written notice containing the following information (failure to include all of the information below may result in automatic rejection of your request):

    1. Your name, physical address, telephone number, and email address (if any), so that We may contact you in response;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where on the Site or Service the material that you claim is infringing may be found, sufficient for Us to locate the material (e.g., the specific URL);
    4. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
    5. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
    6. Your electronic or physical signature. You must be the copyright owner (or authorized to act on the owner’s behalf) to report a suspected infringement. You should identify yourself that way, and you must sign your notice.

This Takedown Notice shall be sent by you via email or U.S. mail to ITVS’s Designated DMCA Agent. ITVS’s Designated DMCA Copyright Agent to receive notices of infringing material is:

     Isaac Hager, Managing Director of Business Affairs
     Independent Television Service, Inc.
     Attn: OVEE
     1435 Folsom Street
     San Francisco, CA 94103
     ovee@itvs.org
     (Please put DMCA in the subject line of your email)

Please be advised that you may be liable for damages if you materially misrepresent that the complained of content or material is infringing your copyright. Accordingly, please make sure that all of the information you provide is accurate. Pursuant to section 512(f) of the Copyright Act (17 U.S.C. § 512(f)), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Once ITVS receives your takedown notice and verifies that it complies with the requirements above, ITVS will expeditiously remove or disable access to the material that is claimed to be infringing. ITVS will then make a good faith effort to inform the user who posted or supplied the material that the material has been removed, and will invite the user to file a DMCA counter notification if they desire.

Filing a Counter Notice: If You Receive Notice Your Material has been Removed

If ITVS informs you that material or content you supplied or posted has been removed, you may decide to dispute the claim that your content is infringing and seek to have it restored by sending ITVS a DMCA Counter Notice. If you receive notice from ITVS and you believe that your material has been removed by mistake or misidentification, please send a written Counter Notice to ITVS’s Designated DMCA Copyright Agent containing the following information (failure to provide all of the information below may result in automatic rejection of your request):

    1. Your name, physical address, and telephone number;
    2. A description of the material that was removed and the location on the Site or Service (e.g., the URL) where it previously appeared;
    3. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
    4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which you live, or if your address is outside of the United States, a statement that you consent to the jurisdiction of the judicial district in which ITVS may be found (which includes the courts located in San Francisco, California);
    5. A statement that you will accept service of process from the party who filed the original DMCA Takedown Notice or an agent of that person.
    6. Your electronic or physical signature.

Your DMCA Counter Notice must be sent by you via email or U.S. mail to ITVS’s Designated DMCA Copyright Agent. ITVS’s Designated DMCA Copyright Agent to receive DMCA Counter Notices is:

     Isaac Hager, Managing Director of Business Affairs
     Independent Television Service, Inc.
     Attn: OVEE
     1435 Folsom Street
     San Francisco, CA 94103
     ovee@itvs.org
     (Please put DMCA in the subject line of your email)

Please be advised that, pursuant to section 512(f) of the Copyright Act (17 U.S.C. § 512(f)), you may be liable for damages if you make material misrepresentations in your Counter Notice. Accordingly, please make sure that all of the information you provide is accurate.

Upon receipt of your Counter Notice, and after verifying that you have supplied all required information, ITVS will forward your Counter Notice to the party who submitted the original DMCA Takedown Notice. That party may elect to file a lawsuit against you for copyright infringement. If ITVS does not receive notice that the party who filed the original DMCA Takedown Notice has filed suit against you within fourteen (14) days after receiving your Counter Notice, ITVS will restore or replace the material or content that was removed.

When filing a DMCA Takedown Notice or Counter Notice, please make sure that you have complied with all of the above requirements. If ITVS requests additional information necessary to make your DMCA Takedown Notice or Counter Notice complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA Takedown Notice or Counter Notice may not be processed further.

ITVS may disclose any communications concerning DMCA notices or other intellectual property complaints with any third parties, including the users who have posted the allegedly infringing material.

If you have questions about the legal requirements of a DMCA Takedown Notice, please contact an attorney or see section 512(c)(3) of the U.S. Copyright Act (17 U.S.C. § 512(c)(3)). If you have questions about the legal requirements of a DMCA Counter Notice, please contact an attorney or see section 512(g)(3) of the U.S. Copyright Act (17 U.S.C. § 512(g)(3)).

Repeat infringer policy

ITVS may terminate user accounts for repeated violations of this Privacy Policy or the OVEE Terms of Service, as well as users who have been the subject of multiple DMCA notice(s). ITVS reserves the right to terminate user accounts that are not the subject of DMCA notices for any reason.

ITVS's Designated DMCA Copyright Agent

You may send a DMCA Takedown Notice, a DMCA Counter Notice, or any inquiries concerning OVEE’s Copyright and DMCA Policy to ITVS’s Designated DMCA Copyright Agent:

     Isaac Hager, Managing Director of Business Affairs
     Independent Television Service, Inc.
     Attn: OVEE
     1435 Folsom Street
     San Francisco, CA 94103
     ovee@itvs.org
     (Please put DMCA in the subject line of your email)


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OVEE UPLOADING AND POSTING GUIDELINES

These OVEE Uploading and Posting Guidelines are included with and form a part of the OVEE Terms of Service. Your agreement to be bound by the OVEE Terms of Service also constitutes your agreement to abide by these OVEE Uploading and Posting Guidelines. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display on or via the Site or Service (the “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of these OVEE Uploading and Posting Guidelines, which are incorporated into, and form a part of, the OVEE Terms of Service (the “Agreement”).

1. You must have all necessary permissions to upload Content.

  • You must own or have the right to upload or post the Content.
  • If your Content contains third-party content (such as text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, or interactive features and other materials you may view, access through, or contribute to), you must have secured the third-party rights to use that Content on our Site and Service.
  • Your Content must not infringe on the rights of any third parties, including, but not limited to, copyrights, trademarks, trade secrets, patents, rights of publicity, rights of privacy, or other intellectual property rights. Your Content must not be defamatory or harassing.
  • You must own or control the rights, licenses, consents, and permissions necessary for distribution and publication of the Content on the Site and Service, or you must have an express agreement with the owner of the Content allowing you to upload the Content. Having the right to upload Content is different from having created the Content. For example, you may own a photograph that you created but not have the necessary releases from the persons appearing in the photograph, or you may have created content as part of your profession that is owned by your employer.

2. Your Content must not be intended for advertising purposes.

  • You may not upload commercials, infomercials, demos, walkthroughs, or any Content that sells or promotes a product or service, or multi-level marketing schemes.
  • You may not upload Content containing advertisements (e.g., pre-roll ads, post-roll ads, overlay ads, or links), sponsorships, or promotions without ITVS's prior written consent.

3. You may NOT upload or post Content that is or may be reasonably construed to be:

  • Obscene, indecent, sexually explicit, profane, or pornographic;
  • Hate speech, harassment, threats, or other personal attacks against anyone or any group of persons;
  • Libel or defamation;
  • In violation of any law or any third-party rights, including trademark, copyright, and privacy rights;
  • Exploitative of minors;
  • Depictive of any unlawful acts or extreme violence;
  • Depictive of animal cruelty or extreme violence towards animals;
  • Personally identifiable information of another individual without such individual’s prior written consent; or
  • Material, non-public information about a company or entity, without the proper authorization to do so.

4. You many NOT upload or post Content that contains or consists of:

  • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;
  • Commercial prompts or spam, off-topic posts, commercial solicitations, promotion or advertising, including any promotions of fraudulent schemes, multi-level marketing schemes, get-rich-quick schemes, online gaming or any other type of gambling, cash gifting, work-from-home businesses, or any junk mail, chain letters, pyramid schemes, investment opportunities, or any other dubious money-making ventures; or
  • Indications or implications that ITVS or OVEE supports a specific viewpoint. Information about the methods in which users of the Site or Service might take action around a particular issue or topic must have appropriate context and labeling. All content must pass a perception test to ensure that visitors to the Site or Service do not perceive that OVEE or ITVS’s editorial integrity has been compromised by a particular agenda or by association with an outside party. ITVS reserves the right to make this determinate in its discretion.

5. Your Content must comply with all other Content restrictions and policies identified in the OVEE Terms of Service, the OVEE Privacy Policy, and the OVEE Copyright and DMCA Policy.

If you have any questions regarding these OVEE Uploading and Posting Guidelines, please send Us an email at ovee@itvs.org.

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