Terms of Service
Terms of Service
Last Updated: September 30, 2012
Age Limitations. If you are under the age of 13, then you are not permitted to register with HereIsTV.com or use any feature or other part of the services that requires registration. You represent that you are at least 13 years of age if you are registering an account.
Copyright. All information, content, services and software displayed on, transmitted through, or used in connection with HereIsTV.com, with the exception of User Content as defined below, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by Here Is TV, LLC (“HiTV”), and/or its affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. If you operate a Web site and wish to link to HereIsTV.com, you may do so provided you agree to cease such link upon request from HereIsTV.com. No other use is permitted without prior written permission of HereIsTV.com. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms of Service.
You may not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through HereIsTV.com, not to insert any code or product or manipulate the content of HereIsTV.com in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to Info@HereIsTV.com. In certain cases, you may be able to use individual stories that appear on HereIsTV.com through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the Content you may use or you will see a link in the Content itself.
Registration. Registration is not required to view certain Content. However, you are required to register if you wish to post a comment or view certain other Content or site functionality. If you do register with the site, you accept responsibility for all activities that occur under your account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. We reserve the right to terminate your access and use of HereIsTV.com if individuals from more than one household access HereIsTV.com using any single Registration Account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access HereIsTV.com using your name in whole or in part without our permission. If you believe someone has accessed HereIsTV.com using your Registration Account and password without your authorization, e-mail us immediately at Info@HereIsTV.com.
Use of Information by HereIsTV.com. You acknowledge, consent and agree that HereIsTV.com may preserve and disclose your account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, government order, search warrant, or subpoena; (2) to enforce the terms of this Terms of Service; (3) to render service you request; (4) to protect the rights or property of HereIsTV.com, third parties such as our suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
User Content Representations and Warranties. By placing material on HereIsTV.com, including but not limited to posting content or communications to any HereIsTV.com bulletin board, forum, blogspace, message or chat area, or posting text, images, audio files or other audio-visual content to the site (“User Content”), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and, (2) the User Content will not cause injury to any person or entity. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of HereIsTV.com that specifically ask for unique, fictitious names).
User Content License. For all User Content you post, upload, or otherwise make available (“Provide”) to HereIsTV.com, you grant HiTV, its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize HiTV to share the User Content across all web sites, apps and other media distribution outlets affiliated with or licensed by HiTV, (“Outlets”) to include the User Content in a searchable format accessible by users of HereIsTV.com and other Outlets, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to HereIsTV.com. You also grant HiTV the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Screening and Removal. You acknowledge that HereIsTV.com and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service or is otherwise objectionable.
User Content Assumption of Risk. HereIsTV.com cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to HereIsTV.com is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using HereIsTV.com forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you.
User Content Posting Rules. Any decisions as to whether User Content violates any Posting Rule will be made by HereIsTV.com in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Posting Rules:
- If the photo or video depicts any children under the age of 13, you affirm that you have written permission from the child’s parent or guardian to provide the photo or video.
- Do not provide User Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material.
- contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of HereIsTV.com or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party’s uninterrupted use of HereIsTV.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uses or attempt to use another’s account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- disrupts, interferes with, or otherwise harms or violates the security of HereIsTV.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through HereIsTV.com or affiliated or linked sites.
- “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Unsolicited Material and Ideas. HereIsTV.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to HereIsTV.com. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against HereIsTV.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
Communications with Third Parties Through HereIsTV.com. Your dealings or communications through HereIsTV.com with any party other than HereIsTV.com are solely between you and that third party. Under no circumstances will HereIsTV.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.
During your visit to HereIsTV.com you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because HereIsTV.com has no control over third party sites and resources, you acknowledge and agree that HereIsTV.com is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of HiTV in appropriate circumstances, to terminate the account of a user who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on HereIsTV.com, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of your copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly);
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
HereIsTV.com’s copyright agent can be reached as follows:
HiTV Copyright Agent
528 Palisades Drive, Suite 130
Pacific Palisades,CA 90272
or via e-mail at Info@HereIsTV.com
Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
General Disclaimer and Limitation of Liability. While HereIsTV.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. HereIsTV.com does not represent or warrant that use of any Content will not infringe rights of third parties. HereIsTV.com has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF HEREISTV.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER HEREISTV.COM, NOR ANY OF IT S EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING HEREISTV.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH HEREISTV.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF HEREISTV.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES HEREISTV.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. HEREISTV.COM AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
HEREISTV.COM CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. HEREISTV.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE HEREISTV.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL HEREISTV.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HEREISTV.COM OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
Indemnity. You agree to indemnify, defend and hold harmless HereIsTV.com and its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of HereIsTV.com; (2) HereIsTV.com’s use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your account, even if not posted by you; and (4) any violation of this Agreement by you.
International Users. HereIsTV.com is controlled, operated and administered by HereIsTV.com from its offices within the United States. HereIsTV.com makes no representation that materials or Content available through HereIsTV.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use HereIsTV.com or export the Content in violation of U.S. export laws and regulations. If you access HereIsTV.com from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying these Terms. HereIsTV.com reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of HereIsTV.com after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
Discontinuation of Service. HereIsTV.com may modify, suspend, discontinue or restrict the use of any portion of HereIsTV.com, including the availability of any portion of the Content at any time, without notice or liability. HereIsTV.com may deny access to any registered user or other user at any time for any reason. In addition, HereIsTV.com may at any time transfer rights and obligations under this Agreement to any entity that acquires HereIsTV.com or any of its assets.
Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to HereIsTV.com must be filed in a federal or state court located in Los Angeles, California.
Statute of Limitations. You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions. You agree no claim subject to these Terms of Service may be brought as a class action.
Severability. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
No Waiver. Any failure of HereIsTV.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Section Titles. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.
Termination. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to HereIsTV.com, and all other provisions for which survival is equitable or appropriate.
Contact Us. To contact HereIsTV.com, please use the following address:
Here Is TV, LLC, 528 Palisades Drive, Suite 130, Pacific Palisades, CA 90272 or email Info@HereIsTV.com.
Sweepstakes Rules. The official rules of our current sweepstakes (if any) can be found at http://hereistv.com/sweepstakes-official-rules/.