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 and https://itvs.org/ovee, 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 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 video content (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 this Agreement.
The Site and Service are not directed to - and the Site and Service are not open for use by - children younger than thirteen (13) with the prior written consent of a parent or legal guardian, as described hereafter. IF YOU ARE UNDER AGE 13, DO NOT USE THE SITE OR SERVICE OR PROVIDE PERSONAL INFORMATION THROUGH THE SITE OR SERVICE (UNLESS WE HAVE RECEIVED YOUR PARENT’S OR LEGAL GUARDIAN’S PRIOR WRITTEN CONSENT). If we discover that any personal information has been provided by children younger than thirteen (13) without such written consent, it will be removed immediately.
The Site and Service, and each of their components, are the copyrighted 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 on the Site or Service may be owned by such providers and distributors or by visitors to the Site or Service, and is the copyrighted work 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 express written permission of ITVS and its providers, distributors, or visitors. 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 written permission of ITVS or such other party that may own the Trademark. This Agreement is also ITVS’s property and is subject to copyright protection.
LICENSE: On the condition that you comply with all your obligations under this Agreement, ITVS grants you a limited, non-exclusive, 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. This license is personal to you and may not be assigned or sublicensed to anyone else. Any other use of the Site or Service 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 are reserved.
COMMERCIAL USE FORBIDDEN: You may not use the Site or Service for commercial purposes.
OTHER RESTRICTIONS: Except as expressly permitted by ITVS in writing, you will not reproduce, retransmit, disseminate, publish, broadcast, circulate, redistribute, sell, commercially exploit, create derivative works from, decompile, reverse engineer, or disassemble the Site or Service or any works posted to it other than your own works, nor use any works posted on the Service, 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 materials contained on therin may violate applicable copyright, trademark, intellectual property, or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers or for any unlawful purpose is prohibited. You will NOT take any measures 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 proper working of the Site or Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, including the email addresses of our members, 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, reverse engineer, decompile or disassemble any portion of the Site or Service or create a database by downloading and storing content from the Site or Service.
MINORS RESTRICTED: You must be at least 13 years old to use the Site and Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Site and Service. Please have him or her read this Agreement with you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Site and Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Site and Service. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. IF YOUR CHILD IS USING THE SITE OR SERVICE AND IS EITHER UNDER 13 OR DOES NOT HAVE YOUR PERMISSION, PLEASE CONTACT US IMMEDIATELY SO THAT WE CAN DISABLE HIS OR HER ACCESS. If you have questions about whether the Site or Service is appropriate for your child, contact Us at firstname.lastname@example.org.
WARNING: Even if you are old enough to use the Site and Service and/or have your parent's or guardian's permission, some of the content available within the Site or Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
Third-party Websites; Third-party Activity
Third-party sites such as and https://itvs.zendesk.com/home may be used by ITVS to enhance the OVEE experience. Third-party sites have their own user terms, which you should review prior to using such sites. In addition, the links from the Site to any other websites are provided for your information and convenience only. ITVS does not assume any responsibility or liability with respect to any website linked from the Site or Service (or any website linking to the Site or Service) including its content and operation. ITVS does not review or monitor such links. A link from the Site or Service to another 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 the content or the privacy practices employed by other 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 is not responsible for and does not endorse such third-party communications or solicitations that may appear on the Site or Service.
You agree to notify ITVS immediately at email@example.com if you believe that anything on the Site or Service violates any of your rights. Please see the Copyright and DCMA policy for further information.
In addition to reviewing this Agreement, you agree to read the official rules that accompany special offer, coupon, discount or promotion that we may offer or conduct before you participate in such offer, coupon, discount, or promotion.
Licenses Granted by You
As between you and ITVS, you own the Content that you submit to the Site/Service. LICENSE TO ITVS: By submitting Content to the Site or Service, you grant ITVS and its sublicensees and affiliates a 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 make derivative works from your Content. Without limiting the generality of 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 a content embed or ITVS's API; (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 suggestions without any compensation to you.
LICENSE TO OTHER USERS: You further 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).
DURATION OF LICENSES: The above licenses will continue 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 will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the licenses for promotion and for legal archival/preservation purposes are irrevocable and 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 has been removed or deleted regardless of whether the Agreement has been terminated. Please also note that removed Content may be cached in search engine indices after removal and that ITVS has no control over such caching.
NO OBLIGATION TO USE CONTENT: ITVS is under no obligation to use any Content. ITVS may remove Content from the Site or Service at any time and for any reason.
All Content you submit must also comply with our Uploading and Posting Guidelines.
Your Representations and Warranties
You represent and warrant that you: (a) are not currently restricted from using the Site or Services, or not otherwise prohibited from having an account with us; (b) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (c) will not violate any of our rights or the rights of other Site/Service users, including intellectual property rights such as copyright or trademark rights; (d) agree to provide at your cost all equipment, software, and internet access necessary to use the Site or Service; (e) you have the right to submit the Content to Us and 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. In addition, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service/Site is not intended for children under 13. If you are under 13 years of age, do not use the Site or Service. This section will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site/Service.
You will indemnify, defend, and hold harmless ITVS, the Corporation for Public Broadcasting, PBS, and each of their affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, and agents, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all 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 third-party right, including any intellectual property or privacy right; provided, however, that the obligations and duties of a local, state, or federal government entity under this Section will be limited to the extent required by applicable law. This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site/Service.
WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE OR SERVICE.
REGISTRATION: To fully use the Site or Service, you may be required to register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to ITVS and notify Us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual 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 right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Site or Service. If you become aware of an unauthorized access to your account, you must change your password and notify Us immediately at firstname.lastname@example.org.
Term and Termination; Account Deletion
TERM: 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 terminated as provided in this Agreement.
MUTUAL RIGHTS OF TERMINATION: You may terminate this Agreement, for any or no reason, at any time, with notice to ITVS pursuant to Agreement section 18. This notice will be effective upon ITVS processing your notice. ITVS may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. Such termination will be effective immediately or as may be specified in the notice. Termination of your account may also include disabling your access to the Site or Service.
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 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 may block your email address and Internet protocol address to prevent further use or registration.
EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted 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 the loss of such Content.
Disclaimers and Exclusion of Warranty
ITVS RESERVES THE RIGHT TO MODIFY THE SITE AND SERVICE. YOU ARE RESPONSIBLE FOR PROVIDING YOUR OWN ACCESS (E.G., COMPUTER, MOBILE DEVICE, INTERNET CONNECTION, ETC.) TO THE ITVS 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. ITVS PROVIDES THE SITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU THEREFORE 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. ITVS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR SERVCIE 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 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. 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. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY 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.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
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. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. 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 SECTION 13 (“TERMINATION”) AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
ITVS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE ITVS 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.
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.
LIMITATION OF LIABILITY.
SOME COUNTRIES 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.
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 OUR SUBSIDIARIES, FUNDERS, 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 PERSON ARISING FROM 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.
Compliance Notice Pursuant to 18 U.S.C. § 2257
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.
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 US origin products, including services or software.
RELATIONSHIP: Your use of the Site or Service is independent of ITVS and not as an employee, agent, partner, or joint venturer with ITVS for any purpose.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply.
DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site or Service must be commenced in the state or federal courts located in San Francsico, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, ITVS and you irrevocably waive any right to a trial by jury.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings 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. No failure or delays by ITVS in exercising any right hereunder will waive any further exercise of that right. ITVS's rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT: This Agreement is binding upon and shall inure to the benefit of both parties and their 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.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from ITVS electronically. ITVS may provide all such communications by email or by posting them on the Site or Service. For support-related inquiries, you may send an email to email@example.com. You may send notices of a legal nature to ITVS at firstname.lastname@example.org or to the following address:
651 Brannan Street, Suite 410
San Francisco, CA 94107
Attention: Legal Department
Nothing herein shall limit ITVS's right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised “Terms of Service” posted by ITVS on the Site or Service or a written amendment signed by an authorized representative of ITVS. A revised Terms of Service will be effective as of the date it is posted on the Site or Service.
SEVERABILITY: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:
- Copyright and DMCA Policy
- Uploading and Posting Guidelines
This Agreement constitutes the entire understanding between ITVS and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
Last revised: February 5, 2013