AGREEMENT
BETWEEN USER AND RBM.TV
The RBM.TV Web Site / Channel / Network is comprised of various Web pages
operated by RBM.TV.
The RBM.TV Web Site / Channel / Network is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the RBM.TV Web Site / Channel / Network constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
RBM.TV reserves the right to change the terms, conditions, and notices under
which the RBM.TV Web Site / Channel / Network is offered, including but not
limited to the charges associated with the use of the RBM.TV Web Site.
LINKS TO THIRD PARTY SITES
The RBM.TV Web Site / Channel / Network may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of RBM.TV and
RBM.TV is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. RBM.TV is not responsible for webcasting or any other form of
transmission received from any Linked Site. RBM.TV is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by RBM.TV of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RBM.TV Web Site, you warrant to RBM.TV that
you will not use the RBM.TV Web Site / Channel / Network for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use
the RBM.TV Web Site / Channel / Network in any manner which could damage,
disable, overburden, or impair the RBM.TV Web Site / Channel / Network or
interfere with any other party's use and enjoyment of the RBM.TV Web Site. You
may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the RBM.TV Web
Sites.
USE OF COMMUNICATION SERVICES
The RBM.TV Web Site / Channel / Network may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Conduct or forward pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
RBM.TV has
no obligation to monitor the Communication Services. However, RBM.TV reserves
the right to review materials posted to a Communication Service and to remove
any materials in its sole discretion. RBM.TV reserves the right to terminate
your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
RBM.TV reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in RBM.TV 's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. RBM.TV does not control
or endorse the content, messages or information found in any Communication
Service and, therefore, RBM.TV specifically disclaims any liability with regard
to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized RBM.TV
spokespersons, and their views do not necessarily reflect those of RBM.TV
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO RBM.TV OR POSTED AT ANY RBM.TV WEB SITE
RBM.TV does not claim ownership of the materials you provide to RBM.TV
(including feedback and suggestions) or post, upload, input or submit to any
RBM.TV Web Site / Channel / Network or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting RBM.TV, its affiliated companies and
necessary sublicenses permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. RBM.TV is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in RBM.TV 's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE RBM.TV Web Site / Channel / Network MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
RBM.TV AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RBM.TV
Web Site / Channel / Network AT ANY TIME. ADVICE RECEIVED VIA THE RBM.TV Web
Site / Channel / Network SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
RBM.TV AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE RBM.TV Web
Site / Channel / Network FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RBM.TV
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RBM.TV
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RBM.TV WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE RBM.TV Web Site / Channel / Network OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE RBM.TV WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE RBM.TV WEB
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF RBM.TV OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE RBM.TV WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RBM.TV WEB SITE.
SERVICE CONTACT : [email protected]
TERMINATION/ACCESS RESTRICTION
RBM.TV reserves the right, in its sole discretion, to terminate your access to
the RBM.TV Web Site / Channel / Network and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Florida, U.S.A. and
you hereby consent to the exclusive jurisdiction and venue of courts in Orange
County, Florida, U.S.A. in all disputes arising out of or relating to the use of
the RBM.TV Web Site. Use of the RBM.TV Web Site / Channel / Network is
unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. Unless
legally documented in another document, you agree that no joint venture,
partnership, employment, or agency relationship exists between you and RBM.TV as
a result of this agreement or use of the RBM.TV Web Site. RBM.TV 's performance
of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of RBM.TV 's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the RBM.TV Web Site / Channel / Network or information provided to
or gathered by RBM.TV with respect to such use. If any part of this agreement
is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and RBM.TV with respect to the
RBM.TV Web Site / Channel / Network and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and RBM.TV with respect to the RBM.TV Web Site. A
printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement and all
related documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the RBM.TV Web Site / Channel / Network shall be considered the
intellectual property of CyberTV LLC: All rights reserved.
RBM.TV reserves the right to provide a text link to RBM.TV’s own web site at the
bottom of each Channel and Network.
RBM.TV reserves the right to display a reoccurring graphical advertisement and
link for RBM.TV’s own web site on each Channel and Network. The advertisement
will fade into the site header area and fade out again.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.