SURVIVAL TV NETWORK
Terms of Service ACCEPTANCE OF TERMS Survival TV Network-.
("Survival TV Network-") welcomes you. Survival TV Network-provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. When using particular Survival TV Network-owned or operated services, you and Survival TV Network shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Survival TV Network - may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE Survival TV Network - provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Survival TV Network-to provide the Service. You also understand and agree that the Service may include certain communications from Survival TV Network , such as service announcements, administrative messages and the Survival TV Network-Newsletter, and that these communications are considered part of Survival TV Network-membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Survival TV Network-properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Survival TV Network-assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that Survival TV Network-has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Survival TV Network-has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Survival TV Network-has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Survival TV Network-is concerned about the safety and privacy of all its users, particularly children. For this reason, parents
of children under the age of 13 who wish to allow their children access to the Service must create a Survival TV Network-Family Account.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Survival TV Network-of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Survival TV Network-cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Survival TV Network-, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Survival TV Network does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Survival TV Network be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable harm minors in any way; impersonate any person or entity, including, but not limited to, a Survival TV Network-official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy); upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;"stalk" or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above. You acknowledge that Survival TV Network-may or may not pre-screen Content, but that Survival TV Network and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.
Without limiting the foregoing, Survival TV Network-and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by Survival TV Network-or submitted to Survival TV Network-, including without limitation information in Survival TV Network-Message Boards and in all other parts of the Service. You acknowledge, consent and agree that Survival TV Network-may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Survival TV Network-, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Survival TV Network-and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON Survival TV Network.
When you register with Survival TV Network-, you acknowledge that in using Survival TV Network-services to send electronic communications (including but not limited to email, search queries, sending messages to Survival TV Network-Chat or Survival TV Network Groups, uploading photos, videos and files to Survival TV Network-Photos or Briefcase, and other Internet activities), you will be causing communications to be sent through Survival TV Network-'s computer networks, portions of which are located in Texas, Pennsylvania, Arizona and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Survival TV Network-'s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Your agreement to this TOS constitutes your consent to allow Survival TV Network-to store these communications on its servers. From time to time Survival TV Network will send you notices through the Survival TV Network-Email Service to let you know about important changes to the Survival TV Network Email or related Services. Such messages may not be received if you violate this TOS by accessing the Service in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Survival TV Network-does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Survival TV Network-the following worldwide, royalty-free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Survival TV Network-Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Survival TV Network-Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Survival TV Network-removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Survival TV Network-Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Survival TV Network-removes such Content from the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Survival TV Network Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Survival TV Network-network of properties that are intended by Survival TV Network-to be available to the general public. By way of example, publicly accessible areas of the Service would include Survival TV Network-Message Boards and portions of Survival TV Network Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Survival TV Network-Groups that are limited to members, Survival TV Network-services intended for private communication such as Survival TV Network Mail or Survival TV Network-Email, or areas off of the Survival TV Network-network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Survival TV Network-.
CONTRIBUTIONS TO SURVIVAL TV NETWORK-
By submitting ideas, suggestions, videos, article, recordings, documents, and/or proposals ("Contributions") to Survival TV Network-through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Survival TV Network-is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Survival TV Network-shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Survival TV Network-may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Survival TV Network-without any obligation of Survival TV Network to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Survival TV Network-under any circumstances.
You agree to indemnify and hold Survival TV Network-and its subsidiaries, affiliates, officers, agents, employees, partners, advertisers, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Survival TV Network-ID), use of the Service, access to the Service or website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Survival TV Network-may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Survival TV Network-'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Survival TV Network-has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Survival TV Network-reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Survival TV Network reserves the right to modify these general practices and limits from time to time. MODIFICATIONS TO SERVICE Survival TV Network- reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Survival TV Network-shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Survival TV Network-may, under certain circumstances and without prior notice, immediately terminate your Survival TV Network account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Survival TV Network account includes (a) removal of access to all offerings within the Service, including but not limited to Survival TV Network-Mail, Groups, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts or other services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Survival TV Network sole discretion and that Survival TV Network-shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and
such advertiser. You agree that Survival TV Network-shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service except where the relationship is between you and Survival TV Network-, exclusively.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Survival TV Network-has no control over such sites and resources, you acknowledge and agree that Survival TV Network-is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Survival TV Network-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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
SURVIVAL TV NETWORK-'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Survival TV Network-or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
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