Effective as of DECEMBER 15, 2014
This Agreement is an ongoing contract between You and TIBC and affects Your rights. You should read it carefully and you may wish to print it for reference. By accessing the Site, you agree to be bound by this Agreement. Each time you use the Site, you should check the date of the Agreement (which appears at the top of this document page) and review any changes since the last version.
1. MINIMUM AGE REQUIREMENT
You affirm that You are over the age of 13, as TIBC is not intended for children under 13. 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 to comply with this Agreement.
2. THE SITE
This Agreement sets forth the terms and conditions for You to use www.tibc.tv and any related or successor site(s) operated directly or indirectly by TIBC, including, without limitation, any separate site(s) used by TIBC for any side window, chat room, Q&A, bulletin board, featured articles, opinions, or any product, service or other material provided by TIBC, including, without limitation, technical support or hosting of the Site (singularly and collectively, the “Site”).
2.1. You are Legally Bound by this Agreement. When using the Site and services provided by TIBC, You agree to abide by any applicable posted guidelines for TIBC services, which may change from time to time. Should You object to any provision of this Agreement, or any subsequent modification, or become dissatisfied with the Site in any way, Your only recourse is to immediately discontinue use of the Site. By installing any part of, copying, accessing or otherwise using the Site, You acknowledge and accept that You will be legally bound by this Agreement. If You do not agree to any provision of this Agreement, then TIBC is unwilling to grant you a license to use the Site and You must not install, copy, access or otherwise use it.
2.3. Nature of Services on Site. TIBC offers its Site services for entertainment purposes only. TIBC does not warrant the truth or validity of the information contained on the Site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, TIBC is not responsible for errors in or omissions from the information contained or accessed through the Site. TIBC reserves the right at any time and for any reason to modify or discontinue any aspect or feature of the Site, including, but not limited to, content or functionality.
2.4. Payment, Taxes and Refund Policy. TIBC may accept payment for Your use of the Site by credit cards issued by U.S. banks, payments through Your PayPal account, or Account (defined below) credit issued by TIBC. If a credit card or Your PayPal account is being used for a transaction, TIBC may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after Your transaction. If You are using Your PayPal account, Your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on Your statement. If Account credit is used for a transaction, the amount will be deducted at the time of your transaction. When making purchases with multiple forms of payment, Account credits are used first; Your credit card or PayPal account is then charged for any remaining balance.
You agree that You will pay for all products and services You purchase through the Site, and that TIBC may charge your credit card or PayPal account for any products and services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with Your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TIBC WITH A VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or PayPal account You designate during the registration process. If You want to designate a different credit card or if there is a change in Your credit card or PayPal account status, You must change your information online in the Account Information section of the Site; this may temporarily disrupt your access to the Site while TIBC verifies your new payment information.
Prices for products offered via the Site may change at any time.
If a product or service becomes unavailable following a transaction but prior to streaming or other form of delivery, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product or service, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by TIBC.
3. ACCOUNT INFORMATION SECURITY, IDENTITY AND DATA STORAGE
To access certain parts of the Site you shall need a username, a password, and to provide credit card or PayPal information. Your login information and password are for Your use only. You shall keep Your account (“Account”) information confidential, including Your password, user name, login and any other information related to Site access (“Account Information”), and inform TIBC promptly upon the unintended and/or undesired disclosure to any third party of any portion of such Account Information. You shall not permit or allow any other person or entity to have access to or to use Your Account Information, and You shall at all times remain primarily responsible for all activity relating to Your Account. You should be aware that if You voluntarily disclose Your personal information on a bulletin board, forum, chat room or on any other user-generated pages, that information might be collected and used by others and might result in unsolicited messages. Although TIBC has taken significant measures to ensure the security of information submitted by You when using the Site, TIBC cannot guarantee the security of information collected during Your use of the Site and shall not be liable in any way for compromise of Your data.
4. LICENSE GRANT BY TIBC
By using the Site, You may have access to certain software, content and/or other information, and other content owned or licensed by TIBC, its members, managers, officers, employees, licensors, representatives, suppliers, merchant business associates, advertisers, agents, consultants, artists, musicians and/or other independent contractors (each, a “Contributor”). Subject to each provision of this Agreement, TIBC hereby grants to You (and You accept) a non-exclusive, non-transferable limited license to access the Site solely for your personal use and not for any commercial purpose. All rights not expressly granted to You are hereby reserved by TIBC and/or each respective Contributor. You hereby agree not to use the Site, the Materials (defined in Section 6.1 below), or any element or portion thereof (including, without limitation, e-mail addresses of other users) for any commercial purpose whatsoever. TIBC and each Contributor shall have the right to assert and enforce each provision of this Section 4 directly on its own behalf.
5. YOUR POSTED CONTENT
Any communication or material, including, without limitation, all postings, messages, text, files, images, photos, video, sounds, hyperlinks, programs, and similar materials, or any other information submitted by You (singularly or collectively, “Posted Content” or “Content”), You post or transmit to or through the Site is, and will be treated as, non-confidential and non-proprietary. You acknowledge that (i) you have no expectation of privacy in any Posted Content, and (ii) no confidential, contractual, fiduciary, or other relationship is created between You and TIBC by reason of your transmitting or posting any Posted Content to any area of the Site. You assume full responsibility for any Posted Consent You post or transmit to or through the Site.
5.1. License to TIBC. You hereby grant to TIBC an irrevocable, perpetual non-exclusive license to be exercised by TIBC at its sole and absolute discretion throughout the Universe on or through any media and using any technologies, whether now known or later devised, including the right to grant sublicenses, to edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, create derivative works of and otherwise to exercise and exploit, whether commercially or otherwise, any and all Proprietary Rights (as defined in Section 6 below) in and to any Posted Content You post or transmit to or through the Site.
5.2. Responsibility for Posted Content. You understand and agree that all Posted Content is the sole responsibility of the person(s) who posted such Content, that such Posted Content is non-confidential, and that You use the Site at Your own risk. You are entirely responsible for all Content that You Post. You understand that TIBC does not control, and is not responsible for, Posted Content. You further understand that any unauthorized use by You of Posted Content is strictly prohibited. You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site and Posted Content may contain links to and comments on other websites that are completely independent of the Site. TIBC makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained in any such site. You link to or comment on any other websites at Your own risk.
5.3. Transmission of Harmful Content. You shall use the Site for lawful and permitted purposes only. Transmission of any Content in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited. You shall not post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Site, or from purchasing any product or service sold by TIBC or through any of its advertisers; (7) is or amounts to an unsolicited advertisement, promotion, or other form of solicitation; (8) misrepresents the source of anything you post, contains falsehoods or misrepresentations that could damage TIBC or any third party, or impersonates any person or entity whether through digital or manual signature or otherwise or that directly or indirectly attempts to gain unauthorized access to any portion of the Site or any computer, software, or data of any person, organization or entity that uses or accesses the Site; (9) provides or create links to external sites that violate the Agreement; (10) is intended to harm, exploit, solicit, or collect personally identifiable information of, any individual under the age of 18 in any way; (11) invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm TIBC or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant TIBC all of the license rights granted herein; or (13) contains or promotes an illegal or unauthorized copy of another person's copyrighted work.
(a) Content Screening. You acknowledge that neither TIBC nor its Contributors control Posted Content available on the bulletin boards, chat rooms, forums, and other user-generated pages and that any and all opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user-generated pages are those of their respective authors and neither TIBC nor its Contributors shall in any way be liable. You expressly agree that You must evaluate, and do bear all risks associated with, any and all Posted Content or other materials on the Site, and that under no circumstances will TIBC be liable in any way for any Content or for any loss or damage of any kind incurred in connection with any Posted Content.
(b) Viruses. You shall not knowingly or negligently transmit any information that contains viruses or other computer programming defects. Each computer You use to access the Site shall have updated anti-virus software protecting it.
(c) Spamming. You shall not directly or indirectly use the Site for chain letters, junk mail, Spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. "Spam" or "Spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including, but not limited to, any advertisements.
(d) TIBC Community. While using the Site, You are a part of TIBC's community which may include bulletin boards, forums, chat rooms and other user-created pages which allow You and other users to post information, provide feedback, and interact in real-time. You agree to respect the rights of other users as described in this Agreement.
5.4. Copyrighted Material; Other Rights. You hereby warrant that You own or have legal permission to use (including, without limitation, the right to publish) all Content that You post. You shall respect the copyrights of others and only post Content that You own or have legal permission to use (including, without limitation, the right to publish). TIBC will ban repeat offenders and reserves the right to terminate any users and ban use of the Site after a single violation. In addition, You hereby warrant that no Posted Content You have made available through the Site does or will violate any Proprietary Rights (defined below) of any third party.
6. PROPRIETARY RIGHTS
For the purposes of this Agreement, “Proprietary Rights” means any and all of the following: (a) all rights using all technologies, electronic or otherwise and whether now known or hereafter created, associated with works of authorship throughout the Universe, including but not limited to, patents, designs, copyrights, moral rights, mask works, algorithms and other industrial property rights; (b) trademark and trade name rights and similar rights and all business goodwill associated therewith; (c) trade secret rights; (d) all other intellectual and industrial property rights (of every kind and nature throughout the Universe and however designated and whether now known or later created, including, but not limited to, logos, "rental" rights, rights of publicity, and rights to payment), whether arising by operation of law, contract, license, treaty or otherwise; and (e) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues.
6.1. TIBC Ownership. It is hereby understood and agreed that, as between TIBC and You, TIBC or, as applicable, a Contributor is the owner of any and all right, title and interest, including all Proprietary Rights, included or provided by TIBC or any Contributor on or through the Site, including, but not limited to, all lyrics, sounds, musical compositions, performances, text, software, photographs, graphics, illustrations, artwork, video, music, names, logos, trademarks and service marks (singularly and collectively, the “Materials”). The Materials are protected by U.S. copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Except as expressly provided herein, You do not acquire any Proprietary Rights in or to the Materials or otherwise through use of the Site.
6.2. Trademark. The Interactive Broadcasting Company, Inc, www.tibc.tv, and the TIBC logo are trademarks and service marks belonging to TIBC (the “TIBC Marks”). Any product, service, or trade name other than those owned by TIBC that identify a third party as the source thereof may, even if not so indicated, be the trademark or service mark of that respective entity or individual. Any unauthorized use of the TIBC Marks or any third party's trademark or service mark is strictly prohibited.
6.3. Prohibitions. You may not download, upload, republish, reproduce, copy, post, transmit, broadcast, distribute, create any derivative work based on or incorporating, or otherwise exploit in any way, commercial or otherwise, any other material not owned by You, that is or was obtained through the Site, unless expressly permitted in writing by TIBC. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code (i.e., the human-readable form of any computer programming, scripting or other digital code) (“Source Code”) of the components, Materials, or other content contained on or provided through the Site, or create any derivative work based thereon. You are not permitted to: (a) rent, lease, assign or transfer (or attempt to do any of the foregoing) all or any part of the Site or the Materials and/or Your Account Information to any person or entity without the prior written consent of TIBC; (b) remove any proprietary notices, labels, or marks on or associated with the Site or the Materials, whether in machine language or Source Code; (c) use the Site to provide a service bureau by which the Site can be accessed by third parties or by which information produced on the Site is sold or given to third parties via pay per call or other arrangements; or (d) sublicense, assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason without the prior written consent of TIBC. Any attempt to sublicense, assign, delegate or transfer this license, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior written consent of TIBC shall be voidable at TIBC's sole and absolute discretion. Failure to comply with any of these restrictions will result in automatic termination of Your permission to access the Site and possible legal action against You.
7. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, TIBC or the Site's operational service providers, suppliers, and advertisers, may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
8. PROHIBITING SITE ACCESS, COMPLAINTS AND INVESTIGATION
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. TIBC will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding TIBC's instructions above, you are solely responsible for ensuring that any Notice you provide to TIBC complies with the provisions of the DMCA.
You agree to, and shall, indemnify, defend, and hold harmless TIBC and each of its Contributors, subsidiaries, divisions, attorneys, and licensees from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) asserted by any third party due to, arising out of, or in any way related to, any violation by You of this Agreement or use of the Site by You or through use of Your Account Information.
10. DISCLAIMER OF WARRANTIES
NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE SITE AND ALL MATERIALS THEREON ARE FURNISHED “AS IS” AND WITH ALL FAULTS. NEITHER TIBC NOR ANY CONTRIBUTOR MAKES, AND YOU DO NOT RECEIVE, ANY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY TYPE OF COMMUNICATION WITH YOU. TIBC AND ITS CONTRIBUTORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING, WITHOUT LIMITATION THAT THE SITE OR ANY PRODUCT OR SERVICE FROM TIBC OR ANY OF ITS CONTRIBUTORS WILL MEET YOUR REQUIREMENT[S] OR EXPECTATION[S]), AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT, ANY WARRANTY THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND/OR THE FAILURE TO PROVIDE ADEQUATE INSTRUCTION OR SUPPORT. TIBC DOES NOT WARRANT THAT THE SITE IS FREE OF INACCURACIES, ERRORS, BUGS, INTERRUPTIONS OR OTHER LIMITATIONS, NOR DOES TIBC WARRANT THAT THE SITE, OR ANY SERVER THAT MAKES IT AVAILABLE, IS FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AT ALL TIMES REMAINS WITH YOU, AND YOU AGREE TO ASSUME THE ENTIRE COST TO YOU OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY ANY VIRUS OR OTHER HARMFUL SITE COMPONENT.
YOU SPECIFICALLY AGREE THAT NEITHER TIBC NOR ANY CONTRIBUTOR SHALL BE RESPONSIBLE FOR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S) OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSMISSION(S) ENTERED IN THROUGH THE SITE, ANY EXPENSE, DAMAGE OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR USE OF RECORD, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT CONTAINED ON OR MADE THROUGH OR IN CONNECTION WITH THE SITE, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION. YOU ALSO AGREE THAT TIBC IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING, WITHOUT LIMIT, PROPRIETARY RIGHTS.
11. LIMITATION OF LIABILITY
Neither TIBC nor any of its Contributors shall be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, any damages for loss of equipment, opportunity, business, loss of data or profits or investment, or the like), in any way connected with the use or performance of the Site, with the delay or inability to use the Site, the provision of or failure to provide any performance through the Site, or for any information, software, product, service and related graphics or documentation obtained through the Site, or otherwise arising out of the use of the Site, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), cost of cover, or any other loss arising out of the use or inability to use the Site or the failure to provide support, even if TIBC or any of its Contributors have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. In any case, neither TIBC nor any of its Contributors shall be liable under this Agreement for more than the actual costs paid to TIBC by You. Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
TIBC shall not have any liability to You by reason of any delay or nonperformance of any of its obligations or covenants in connection with the Site or the services offered through the Site if such delay or nonperformance is in connection with any force majeure, meaning strike, fire, flood, earthquake, storms, or any act of nature, riot, explosion, insurrections, sabotage, epidemics, quarantine restrictions, labor disputes or shortages, governmental acts or orders or restrictions, failure of suppliers, or any other reason beyond TIBC's control. This Agreement will not be interpreted or construed to create a joint venture, partnership, or franchise between the You, on the one hand, and TIBC or any Contributor, on the other hand, or to impose any partnership obligation or similar liability upon either You, TIBC, or any Contributor. This Agreement shall continue for as long as You use the Site, or until terminated by TIBC, whichever occurs first. This Agreement's provisions pertaining to the protection of TIBC's and third party's Proprietary Rights, each express and implied license grant from You, Your indemnification obligations, all disclaimers and limited liability provisions, and each other provision that may reasonably be interpreted or construed as being reasonably expected or intended to survive this Agreement's termination or expiration, shall survive such termination or expiration. This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of Nevada (USA) without reference to its choice of law rules. You and TIBC agree that venue for any and all disputes hereunder, or action on any obligation hereunder, will be exclusively brought in an appropriate state court in Reno, Nevada or in the United States District Court for the District of Nevada in Reno, Nevada (USA), and You and TIBC irrevocably consent to the jurisdiction of such courts for any dispute hereunder or action on any obligation hereunder.
The Site is operated in the State of Nevada, United States of America. No representation or warranty is made that the Materials or any other information on this Site are legal, appropriate, or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to US export restrictions. TIBC reserves the right to change, modify or otherwise alter the terms and conditions of this Agreement after providing written notice to Users of such amendment by posting notice of the amendment on the Site home page or on the log-in page. Users shall have the right to accept or reject the amended Agreement, provided that if a user rejects the amended Agreement, such user shall no longer have any right to use the Site. The most recent version of this Agreement may be accessed at any time at the Site.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter and supersedes all prior agreements, writings, commitments, discussions and understandings between You and TIBC. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. TIBC's failure to act with respect to a breach or breaches by You or any third party does not waive TIBC's right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting Party in interpreting this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.