Terms of Use

Terms of Use for the porticotv.com website, as operated by Net2TV.

TERMS OF USE AGREEMENT

Welcome to our website (this “Site”)!  This Site is operated by Net2.TV, LTD (“we,” “us” and “our”) and allows you to:  (a) use interactive features or download content that we may make available from time to time; or (b) simply view this Site.  We prepared this Agreement (this “Agreement”) to help explain the terms that apply to your use of this Site. In order to use the interactive features on this Site or download any content, you must first click to accept this Agreement.  Regardless of how you decide to use this Site, your conduct on this Site is governed by this Agreement. 1.         Your Use of this Site and Affirmative Representations. When you use this Site, you represent that:  (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site do not violate any applicable law or regulation; (d) you are 18 years of age or older; and (e) you will comply with the rules for on-line conduct as discussed in Section 2 below.  You further represent and warrant that you will comply with all local rules regarding on-line conduct. 2.         Rules Governing Interactive Features and Contributions. You are entirely responsible for the content of, and any harm resulting from, any of your submissions to this Site (collectively, “Contributions”).  Please read our Privacy Policy, available at Net2TV.com to understand your privacy protections.  When you create or make available a Contribution, you represent and warrant that you: (a)        own the Contributions you submit to this Site; (b)        will not submit Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights; (c)        have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you submit to or through this Site; (d)         will not use this Site for any unauthorized purpose, including without limitation collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent; (e)        will not submit Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party; or (f)         will not impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity. 3.         Assignment and License to Us.  In consideration of your use of the Site, you hereby assign to us all of your right, title and interest in and to the Contributions you submit to the Site. 4.         Our Intellectual Property Rights. All of the content on this Site (“Materials”), including without limitation the screen shots, trademarks, service marks, and logos contained on this Site (“Images and Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Site and Materials are for your information and personal use only and not for commercial exploitation.  We reserve all rights not expressly granted in and to this Site and the Materials.  If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials, and you must comply with the Trademark Usage Guidelines set forth in Section 5 below.  You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or the Materials on this Site.  You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. 5.         Trademark Usage Guidelines. If you download Images and Marks from the Site, you must comply with the following trademark usage guidelines (collectively, the “Trademark Usage Guidelines”): 5.1       Limited License.  Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable license to copy, publicly display, publicly perform, distribute and use the Images and Marks solely for the following purposes during the term of this Agreement:  (a) to publish an article about us or our services; or (b) in connection with advertising, marketing, sale and distribution of our services that is authorized by us in writing (“Permitted Uses”).  You shall not use the Images and Marks for any purpose  other than the Permitted Uses without our prior written consent. 5.2       Form of Use.  You shall use the Images and Marks only in the form set forth on the Site.  You shall include where appropriate the designations (R), (TM), (SM) or the copyright notice and state that the Images and Marks are used under a license from us. You shall comply with all applicable laws and regulations pertaining to the use and designation of trademarks, service marks, logos and copyrighted materials in each country in which you use the Images and Marks. 5.3       No Modification of Licensed Marks.  Unless you obtain our prior written approval, you shall not use any of the Images and Marks in a form different from those depicted on the Site, nor shall you combine any of the Images and Marks with any other trademark, word, symbol, letter, design or mark. 5.4       No Disparagement of Us or the Images and Marks.  You shall not use any of the Images and Marks in connection with any activity that disparages us or our products or services, or that damages the reputation for quality inherent in the Images and Marks. 5.5       Maintenance of Licensed Marks.  You shall take no actions that derogate or devalue the Images and Marks, and you agree to make reasonable efforts to maintain the value of the Images and Marks, as well as the registrations for and the applications for registration of the Images and Marks. 5.6       No Contest.  You shall not contest, oppose or challenge our ownership of the Images and Marks.  You agree that you will do nothing to impair our ownership or rights in the Images and Marks.  In particular, you shall not register or attempt to register the Images and Marks in any jurisdiction and will not oppose our registration or use of the Images and Marks, alone or with other words or designs, in any jurisdiction. 5.7       Assistance.  You shall assist us in complying with any formalities to protect the Images and Marks under U.S. or foreign law, such as registering the Images and Marks, registering this Agreement or recording you as a registered user.  You shall execute any documents reasonably requested by us, including, but not limited to, applications for recordation of us as a registered user and additional licenses for recording with the appropriate authorities.  6.         Our Management of this Site/User Misconduct.  6.1       Our Site Management.  We may, but are not required to:  (a) monitor or review this Site for violations of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you; and/or (d) manage this Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of this Site. 6.2       Our Right to Terminate Users.  WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THIS SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.  7.         Term and Survival.   This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time by ceasing use of the Site.   Even after your use and participation is terminated, this Agreement will remain in effect, including sections:  1-4, 5.2-5.7, 6-7 and 9-15.  8.          Modifications. The Internet and technology are rapidly changing.  Accordingly, we may modify this Agreement from time to time.  If we have your email address, we will contact you if we do so.  It is therefore important that you notify us immediately if your email address changes.  You will be asked to click to accept the new agreement the next time you use this Site in order to be able to use the interactive portions of this Site.  We will also put any revised versions of this Agreement on this Site with a notice advising of the change.  It is therefore important that you regularly check this Site for any announcements about revisions and keep your contact information current to ensure you are informed of any changes. 9.       Third Party Sites. This Site may contain links to other websites (“Third Party Sites”).  We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites.  The availability of these links on this Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them.  Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES.  BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THIS SITE OR A LINK LOCATED ON THIS SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.  10.       Disputes with Us, Choice of Law and Forum. YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.   YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF CALIFORNIA (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS).  THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY. 11.       Disclaimers. ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND.  BY OPERATING THIS SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THIS SITE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS SITE’S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE.  WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 12.       Limited Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50. 13.       Liquidated Damages.  You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure.  As a reasonable estimation of harm, you agree to pay us $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this Site.  14.       Indemnity. You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, Content or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 15.       Miscellaneous. 15.1     Entire Agreement.  This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof. 15.2     Independent Contractors.  Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user. 15.3     No Third Party Beneficiaries.  This Agreement is between you and us.  There are no third-party beneficiaries to this Agreement. 15.4     Section Titles.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. 15.5     Non-Waiver.  Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 15.6     Severability.  This Agreement operates to the fullest extent permissible by law.  If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 17.7     Assignment.  You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition. This Agreement was last updated on:  December 18, 2012.  
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