TERMS OF USE

 

TERMS OF USE FOR THE VETERANS COMMUNITY MEDIA NETWORK

 

Effective Date: 1 DECEMBER, 2015

Last Updated:   1 DECEMBER, 2015

 

WELCOME TO TVCMN.ORG

 

TVCMN.org (“the Website”), owned and operated by the Veterans Community Media Network (“TVCMN”), a non-profit public benefit corporation, is a website that supports and facilitates the provision of services and resources to veterans through various forms, including broadcasted media.

 

INTRODUCTION TO TERMS OF USE

 

These Terms of Use (“Terms of Use”) govern your use of the Website and constitute all such terms and conditions.  By using the Website and any of the services provided, you (“You” or the “User”) accept and agree to be bound by these Terms of Use.  If you do not agree to abide by these Terms of Use, you are not authorized to access the Website or any of the services provided by TVCMN.

 

Please review the following carefully so that you understand these Terms of Use.  They describe your responsibilities and TVCMN’s liability related to the Website and its services.  If you have any questions regarding these Terms of Use, please contact us via email at [insert email address here].

 

BY USING THE WEBSITE, YOU ACCEPT ALL OF THESE TERMS OF USE AND REPRESENT THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AGREEMENTS.

 

INTELLECTUAL PROPERTY

 

TVCMN is the owner of the compilation of content that is posted on the Website, including all text, images, audio and video clips, design, databases, codes, and software (“Content”), but it does not necessarily own all the material within this compilation.  The Content may be owned by TVCMN, owned by others and used with their permission, or used in accordance with applicable law.  Some Content is in the public domain and some Content is protected by third party rights such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.

 

 

 

 

YOUR RESPONSIBILITIES

 

You are solely responsible for your use of and activity in relation to the Website.  Your permission to use the Website is conditioned upon the following use and conduct restrictions.

 

You agree that you will not under any circumstances:

 

  • Post or submit content that is abusive, threatening, obscene, defamatory, libelous, unlawful, harassing, privacy invading, vulgar, harmful, or otherwise objectionable and offensive;

 

  • Upload or otherwise disclose personally identifying information, including contact information. The only exception would be with personal information provided to TVCMN by a User when he or she registers for TVCMN’s services.  As described in our Privacy Policy, such information will be treated as confidential, and will not be disclosed to others without the User’s consent;

 

  • Post or submit any information or material that infringes upon a third party right, especially intellectual property rights;

 

  • Post or submit any information or material that any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law;

 

  • Create a false identity or impersonate any person;

 

  • Use the Website for any unlawful purpose or for the promotion of illegal activities;

 

  • Distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;

 

  • Attempt to harass, abuse, harm or bully another person or user;

 

  • Provide false or inaccurate information to TVCMN; or

 

  • Publish, submit, or link to malicious content (software viruses, Trojan horses, worms, or any other malicious application) intended to damage or disrupt the Website, browser, computer, or system of TVCMN, or of any other person or entity.

 

LICENSE TO YOU

 

TVCMN Content may not be used for commercial purposes.  This prohibits the sale of Content as well as any materials, products, or services that use or incorporate the Content.  You are also prohibited from using the Content to promote or advertise yourself or other persons, organizations, causes, products, or services.  You must obtain prior written permission from TVCMN in order to use Content for any purpose other than personal use.  You may send requests for non-permitted uses to info_4_tvcmn@tvcmn.org

 

LICENSE TO TVCMN

 

By posting, uploading, submitting, or transmitting photographs and other content, you are granting TVCMN a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sub-licensable license.  This license allows TVCMN to access, use, reproduce, transmit, modify, excerpt (in whole or in part), adapt, publish, and distribute the content.  By posting or submitting any content, you represent and warrant that the content is yours or that you have received permission from the person or entity that owns the content and related intellectual property rights.  At any time and without notice, TVCMN may redact or remove any posting found to be copyright infringing, defamatory, offensive, potentially in violation of other’s rights, or otherwise inappropriate.

 

DISCLAIMER OF WARRANTIES

 

The Website may be periodically unavailable for maintenance or other reasons.  TVCMN shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of any Content made available via the Website.

 

ALL USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  THIS WEBSITE IS PROVIDED BY TVCMN ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TVCMN HAS NO CONTROL OVER AND DOES NOT PRE-SCREEN THE CONTENT PUBLISHED BY USERS AND IT IS NOT DIRECTLY INVOLVED IN TRANSACTIONS BETWEEN USERS.  TVCMN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SAFETY.  TVCMN DOES NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, RELIABLE, OR CORRECT, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TVCMN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,

 

MISTAKES, OR INACCURACIES OF CONTENT, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.  TVCMN DOES NOT TRANSFER THE LEGAL OWNERSHIP OF ITEMS AND DOES NOT GUARANTEE THE TRUE IDENTITY OF A USER.

 

LIMITATIONS OF LIABILITY

 

Under no circumstances will TVCMN or its directors, officers, employees, volunteers or agents be liable to you or any third person for any and all claims arising out of or related to your use of, or inability to use, this WEBSITE.  TVCMN will not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including for any loss of profit, revenue, goodwill, business opportunity, or anticipated savings or lost data arising from your use of the WEBSITE, or any of the WEBSITE content or other materials on, accessed through, or downloaded from the WEBSITE.

 

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with TVCMN‘s services is termination and discontinuation of YOUR USE OF the WEBSITE.

 

TVCMN WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY USER ON INFORMATION OR ADVICE PROVIDED BY ANY THIRD PARTY LISTED ON THE WEBSITE OR OTHER SOCIAL MEDIA SITES, RECOMMENDED BY TVCMN, OR AFFILIATED WITH TVCMN IN ANY WAY.

TVCMN DOES NOT CONTROL OR VERIFY THE QUALITY, RELEVANCE OR ACCURACY OF SUCH THIRD PARTIES’ ADVICE, WHETHER THE THIRD PARTY IS QUALIFIED TO PROVIDE THE SPECIFIC ADVICE, WHETHER THE THIRD PARTY IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE SOUGHT BY THE USER, THE ACCURACY OF ANY POSTINGS ON THE WEBSITE OR ANY TRANSMISSIONS THROUGH THE WEBSITE BY THE USER OR BY A THIRD PARTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

THE USER HEREBY RELEASES AND AGREES TO HOLD HARMLESS TVCMN, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, ADVISORS, CONSULTANTS AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION, CLAIMS OF ANY NATURE AND DAMAGES RESULTING FROM THE ADVICE OF THIRD PARTIES ACCESSED THROUGH THE WEBSITE OR FROM THE CONTENT OF THE WEBSITE.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold TVCMN, its directors, officers, employees, agents, advisors, and agents harmless from all claims, causes of action, allegations, costs, expenses (including litigation costs and attorneys’ fees), judgments, liabilities, losses, and damages arising from and relating to your use of the Website.

 

MODIFICATION OF TERMS

 

TVCMN reserves the right to periodically change these Terms of Use without notice, and such changes will be effective as of the date they are posted.  You are responsible for checking this page frequently for any updates or other changes.

 

SEVERABILITY

 

If any term, provision, covenant, or condition of these Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if these Terms of Use had been executed with the invalid portion eliminated.

 

LAWS GOVERNING TERMS OF USE

 

The laws of the State of California govern these Terms of Use and any amendments or revisions, excluding the relevant laws governing Conflicts of Law.  Any complaint, case, controversy, suit, action, or other proceeding arising out of or relating to these Terms of Use shall be brought in a state or federal court located in Alameda County, California.

 

INTERNATIONAL USE

 

TVCMN makes no representation that materials on this Website are appropriate or available for use in locations outside the United States.  Access to this Website from countries or territories where such access is illegal is prohibited.  If you choose to access this Website outside the United States, you do so on your own initiative and are solely responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

 

THIRD PARTY DISCLAIMERS

 

The Website may contain links to third party websites in addition to articles, photographs, texts, videos, and other content originating from third parties that is not under the control of TVCMN.  These links are provided for your convenience and for informational purposes only.  Links to third party content do not indicate TVCMN’s endorsement of, sponsorship of, or affiliation with the third party or the linked content, including any advertising that may be posted on them.  However, some third parties might pay TVCMN affiliate or commission income to link to their websites.  Regardless of whether the third party pays TVCMN to link to its website or not, third party content is not investigated, monitored, or checked for accuracy, appropriateness, completeness or legality by TVCMN.

 

These other websites are not under TVCMN’s control, and you acknowledge that TVCMN is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that TVCMN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

 

COPYRIGHT COMPLAINTS

 

TVCMN does not permit copyright infringing activities and infringement of any other intellectual property rights on the Website, and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights.  TVCMN reserves the right to remove Content without prior notice.

 

If you are a copyright owner or an agent thereof and believe in good faith that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by sending the following information in writing to TVCMN’s designated copyright agent at info_4_tvcmn@tvcmn.org.

 

  • Your name and electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

 

  • A description of the copyrighted work that you claim has been infringed. If this notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
  • A description of the material that you claim is infringing (or to be the subject of infringing activity) and information reasonably sufficient to permit us to locate the material;
  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the owner, or agent thereof, of the copyright or of an exclusive right under the copyright that is allegedly infringed; and
  • Your full legal name and your electronic or physical signature.

 

If you believe that your content that has been removed from the Website does not infringe or that you have the authorization from the copyright owner, you may send a counter-notice to TVCMN.  To do so, send the following information to our copyright agent using the contact information set forth above.

 

  • A description of the material that has been removed and the location at which the content appeared before it was removed;
  • A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content;
  • Information sufficient to contact you, including your mailing address, telephone number, and, if available, email address;
  • A statement that you will consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which TVCMN may be found;
  • A statement that you will accept service of process from the person who provided the notification of the alleged infringement; and
  • Your full legal name and your electronic or physical signature.

 

If a counter-notice is received by TVCMN’s copyright agent, TVCMN may send a copy of the counter-notice to the original complaining party informing such person that TVCMN may reinstate the removed content in 10 business days.  Unless the copyright owner files an action

 

seeking a court order against the content provider, member or user, the removed content may, at TVCMN’s discretion, be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

 

PRIVACY POLICY

 

By accepting TVCMN’s Terms of Use (as a user of the Website and/or services), or by visiting the Website, you explicitly consent to TVCMN’s Privacy Policy.

 

Please see TVCMN’s Privacy Policy at Privacy Policy.

 

HOW TO REACH TVCMN

 

If you have any questions about these Terms of Use, please contact:

 

The Veterans Community Media Network

1540 Jackson Street #115

Oakland, CA 94612

1.510.435.7266

EM: info_4_tvcmn@tvcmn.org

 

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