TERMS OF SERVICE
These Terms of Service (the
"Agreement") set forth the terms and conditions that apply
to your use of the Web site located at / and the services and materials
offered thereon (the "Service") which are offered to you by
Dalton Media Group, Inc. ("iTvRatings.com"). BY USING THIS
SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED
IT. If you do not agree to be bound by this Agreement, please discontinue
your use of the Service.
- Restrictions
on Use
The Service is a computer online polling service. It is accessible to
you through a personal computer, or other access device at www.iTvRatings.com
(the "iTvRatings Site") using a communications connection
(e.g., modem and telephone line). As part of the Service, you will be
provided with services that may include information, editorial content,
chat rooms, links to other Web sites and other computer services that
iTvRatings may decide to offer, subject to the terms hereof. iTvRatings
may, in its sole discretion, discontinue or alter any aspect of the
Service, including, but not limited to,
- restricting the
time of availability,
- restricting the
availability and/or scope of the Service for certain platforms (i.e.,
computer types and operating systems),
- restricting the
amount of use permitted, and
- restricting or terminating
any User's right to use all or part of the Service, at any time in iTvRatings's
sole discretion and without prior notice or liability. You are responsible
for all charges (e.g., telephone) associated with connecting to the
Service through an available access number. You are also responsible
for obtaining or providing all telephone access lines, telephone and
computer equipment (including modem), or other access device, necessary
to access the Service. You certify that you are an individual (i.e.,
not a corporation). The Service is owned and operated by Dalton Media
Group and its affiliated companies and contains material that is derived
in whole or in part from material supplied and owned by Dalton Media
Group and other sources. Such material is protected by copyright, trademark,
and other applicable laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, publicly display, prepare derivative works based
on, or distribute in any way any material from the Service, including
but not limited to code and software ("Material"). You may,
however, download Material from the Service for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices and use the Material in accordance with all restrictions applicable
to your use if the Service in general. In the event that you download
Material from the Service or any links to and from this service, such
Material is licensed to you by Dalton Media Group and DMG does not transfer
title to any such Material to you.
- Membership Rules
and Guidelines
- Registration
Should iTvRatings.com choose to provide member based services, when
you register to use these Services, you will be required to provide
certain information about yourself. You agree to provide true, accurate
and complete information about yourself, and to update this information
when it changes. If you provide any information that is untrue or inaccurate,
not current, or incomplete, or if iTvRatings.com suspects that your
information is untrue or inaccurate, not current, or incomplete, iTvRatings.com
may, in its sole discretion, suspend or terminate your membership and
refuse current or future access to the Service. Any personal information
supplied hereunder will be subject to the terms of our privacy policy.
Members under the age of 18 must have parental consent before joining
iTvRatings.com, and children under the age of 10 may not register with
iTvRatings.com . The Service is currently provided for free. Dalton
Media Group reserves the right to change the nature of this relationship
at any time.
- Passwords
Should iTvRatings.com provide to you a password that allows you to access
certain parts of the Service, you will be solely responsible for maintaining
the confidentiality of the password and your account information, and
are fully responsible for all activities that occur under your password
or account. You agree that you will immediately notify iTvRatings.com
of any unauthorized use of your password or account, or any other breach
of security, and that you will log off of the Service at the end of
each session to prevent fraud on your account by third parties.
- General
iTvRatings.com may choose to send you e-mail newsletters on a variety
of topics - for example, informing you of membership benefits and features,
letting you know of problems with the site or with services offered
by iTvRatings.com, or presenting you with the opportunity to buy selected
products and services. You may elect during registration not to receive
these e-mail newsletters, and you may start or stop receiving such e-mail
newsletters at any time by sending an e-mail to an address that shall
be designated for that purpose. iTvRatings.com/Dalton Media Group has
no intention of selling, leasing or give away your personal information
to any third party. If a breach in our system takes place by anyone,
we will take any and all legal actions necessary to prosecute those
individuals and go to work on them after they get out of jail. The principals
of Dalton Media Group do not tolerate abusers of this site, spammers
or sexual predators. If you are in violation of the rules of this service
you better run and keep looking over your shoulder.
- Conduct Required
for Use of the Service
It is a condition of your use of the Service that you do not:
- restrict or inhibit
any other user from using and enjoying the Service;
- post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including
without limitation, any images or other material depicting Nudity as
herein defined;
- post or transmit
comments containing harassing or offensive language, including sexual
references, sexual nicknames, racial slurs, hate propaganda, hate mongering,
swearing, or rude or deliberately offensive comments, or engage in disruptive
activities online, including excessive use of scripts, sound waves,
scrolling (repeating the same message over and over), or use of viruses,
bots, worms or trojan horses;
- post or transmit
any information, software or other material that is fraudulent or violates
or infringes the rights of others, including material that violates
privacy or publicity rights, or infringes copyright, trademark or other
proprietary rights, without first obtaining permission from the owner
or right holder, including WAREZ (copyrighted material distributed without
permission);
- post or transmit
any information, software or other material that contains a virus or
other harmful component;
- post or transmit
content that encourages or provides instructional activities about illegal
activities, in particular hacking or cracking.
- post, transmit or
in any way exploit any information, software or other material for commercial
purposes or that contains advertising, "junk mail," "spam,"
or "chain letters";
- solicit other users
to join, become members of, or contribute money to any online service
or other organization, advocate or attempt to get users to join in legal
or illegal schemes or plan or participate in scams involving other users;
- impersonate any
person or entity or falsely state or otherwise misrepresent your professional
or other affiliation with any person or entity;
- resell, redistribute,
broadcast or transfer the information or use the information derived
from the Service in a searchable, machine-readable database;
- use the Service
to collect personally identifying information about users of the Service
in violation of our Privacy Policy;
- disguise a file
type to thwart iTvRatings detection processes;
- post or transmit
any transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law;
- submit to the Live
Directory multiple web sites with different URLs that re-direct a user
to one web page;
- submit to Live Directory
more than one URL for a single category;
- update Live Directory
listings with intent to distort or misrepresent them, including but
not limited to changing titles of the entries, descriptions of the entries,
URLs, or keywords, or
- attempt to gain
unauthorized access to other computer systems or networks connected
to the Service. For the purposes of this Agreement, "Nudity"
shall include, without limitation, images depicting persons with unclothed
genitalia or persons wearing transparent clothing over genitalia. You
agree that you will not use the Service, including the information provided
therein and all related equipment, networks and network devices (specifically
including Internet access) for any unlawful purpose. iTvRatings.com,
at its sole and absolute discretion, shall determine whether any information
transmitted or received violates this provision. You may not use any
Material in connection with any site or other use that contains or is
associated with information or content prohibited by this section.
- Monitoring
iTvRatings.com has no obligation to monitor the use of the Service by
members. You acknowledge and agree that iTvRatings.com reserves the
right to, and may from time to time, monitor any and all information
transmitted or received through the Service for operational and other
purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes in accordance with our Privacy
Policy. Use of the Service constitutes consent to such monitoring. Furthermore,
iTvRatings.com reserves the right at all times to disclose any information
posted on any portion of the Service as necessary to satisfy any law,
regulation or governmental request, or to refuse to post, or to remove,
any information or materials, in whole or in part, that in iTvRatings.com
sole and absolute discretion are objectionable or in violation of this
Agreement.
- License
iTvRatings.com is not in any way, shape, form or description giving
you any rights of licensing from its site, affiliates or partners site
or any other site that you may be linked within this site. If you obtain
any downloadable material of any kind from iTvRatings.com, its affiliates
or partners, you are solely responsible to abide by the rules and disclosures
of that site or company.
- Content on the Service.
Communications posted through the Service are provided by users such
as you who are unaffiliated with iTvRatings.com, and the user providing
each such Communication is solely responsible for the content thereof.
This means that you, and not iTvRatings.com, are entirely responsible
for all Communications that you upload, post, email or otherwise transmit
via the Service. In using the Service or receiving e-mail messages from
members through the Service, you should not assume that such messages
have been reviewed by iTvRatings.com, that such Communications contain
correct information, or that the persons posting such Communications
have accurately identified themselves and/or their affiliation with
any third party. You understand that by using the Service, you may be
exposed to Communications that are offensive, indecent, or objectionable.
Under no circumstances will iTvRatings.com be liable in any way for
any Communication, including, but not limited to, liability for any
errors or omissions in any Communication, or for any loss or damage
of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service.
- Personal Safety.
When using the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name, phone
number, postal or e-mail address, your password, or any other personally
identifying information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
- Content on the Service.
Communications posted through the Service are provided by users such
as you who are unaffiliated with iTvRatings.com, and the user providing
each such Communication is solely responsible for the content thereof.
This means that you, and not iTvRatings.com, are entirely responsible
for all Communications that you upload, post, email or otherwise transmit
via the Service. In using the Service or receiving e-mail messages from
members through the Service, you should not assume that such messages
have been reviewed by iTvRatings.com, that such Communications contain
correct information, or that the persons posting such Communications
have accurately identified themselves and/or their affiliation with
any third party. You understand that by using the Service, you may be
exposed to Communications that are offensive, indecent, or objectionable.
Under no circumstances will iTvRatings.com be liable in any way for
any Communication, including, but not limited to, liability for any
errors or omissions in any Communication, or for any loss or damage
of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service.
- Personal Safety.
When using the Service, please be certain that anything you say does
not compromise your personal safety. Do not provide your name, phone
number, postal or e-mail address, your password, or any other personally
identifying information to people you do not know. Do not continue any
conversation online that makes you feel uncomfortable.
- Submissions
You
understand that any submissions you or any other member makes, does
not represent or reflect on the integrity of iTvRatings.com. Each submission
is the responsibility of that member. If an inappropriate submission
is discovered by iTvRatings.com we will take the necessary actions against
that member.
- Merchants
Your correspondence or business dealings with, or participation in promotions
of, merchants 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 merchant. iTvRatings.com will 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 merchants
on the Service.
- Disclaimer of
Warranties
DALTON MEDIA GROUP HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES
MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY
FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER
NBC, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS
OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS
AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY
SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, NBC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. NBC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS,
OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE
FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING
THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NBC DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS
OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES
IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS
OR OTHERWISE. You assume all risk of errors and/or omissions in the
Service, including the transmission or translation of information. You
assume full responsibility for implementing sufficient procedures and
checks to satisfy your requirements for the accuracy and suitability
of the Service, including the information, and for maintaining any means
that you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the information provided hereunder. You
acknowledge and agree that your use of the Service, and any information
sent or received in connection there with, may not be secure and may
be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO
YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
- Limitation of
Liability
IN NO EVENT SHALL DALTON MEDIA GROUP, ITS PARENT OR SUBSIDIARY COMPANIES
OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR
INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, NBC'S REMOVAL
OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NBC OR ANY OF
ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK
OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
NBC, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL
NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Indemnification
You agree to defend, indemnify and hold harmless iTvRatings.com, its
affiliates and their respective directors, officers, employees and agents
from and against any and all claims, actions, suits or proceedings,
as well as any and all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or accruing from
(a) any material posted or otherwise provided by you that infringes
any copyright, trademark, trade secret, trade dress, patent or other
intellectual property right of any person or defames any person or violates
their rights of publicity or privacy, (b) any misrepresentation made
by you in connection with your use of the Service; (c) any non-compliance
by you with the terms and conditions of this Agreement; and (d) claims
brought by persons or entities other than the parties to this Agreement
arising from or related to your access and use of the Service, including
the information obtained through the Service.
- Termination
iTvRatings.com may, in its sole discretion, terminate your password,
account (or any part thereof) or use of the Service, or remove and discard
any Communication transmitted by you, or information stored, sent, or
received via the Service without prior notice and for any reason, including,
but not limited to: (i) concurrent access of the Service with identical
user identification numbers, (ii) permitting another person or entity
to use your user identification number to access the Service, (iii)
any other access or use of the Service except as expressly provided
in this Agreement, (iv) any violation of the terms and conditions of
this Agreement or the rules and regulations relating to the use of,
the software and/or data files contained in, or accessed through, the
Service, (v) tampering with or alteration of any of the software and/or
data files contained in, or accessed through, the Service, or (vi) failure
to use the Service or portion thereof on a regular basis. You may terminate
your membership hereunder without notice. Termination, suspension, or
cancellation of this Agreement or your access rights shall not affect
any right or relief to which iTvRatings.com may be entitled, at law
or in equity. Upon termination of this Agreement, all rights granted
to you will automatically terminate and immediately revert to iTvRatings.com
and its licensors.
- Trademarks
iTvRatings.com, the iTvRatings.com logo, and the “what people are
really watching” are trademarks of Dalton Media Group and iTvRatings.com,
and all other trademarks, service marks and trade names used on the
Service are the property of their respective owners, and all of the
above trademarks may not be copied, downloaded or otherwise exploited
without the permission of iTvRatings.com or the owner of such trademark,
service mark or trade name, except as explicitly permitted in Section
1 above.
- Minors
If you have agreed to allow your minor child, or a child for whom you
are legal guardian (a "Minor"), to use the Service, you agree
that you shall be solely responsible for: (a) the online conduct of
such Minor; (b) monitoring such Minor's access to and use of the Service;
and (c) the consequences of any use of the Service by such Minor. Children
under the age of 13 should not register for any Service hereunder. At
various places on the Service, we ask whether users are under the age
of 18 or 13. iTvRatings.com relies on our users to be truthful in responding
to these questions. If a user does not identify his/her proper age,
we will have no way of verifying actual age with respect to our privacy
policy.
- Child Online
Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, iTvRatings.com hereby
notifies you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may
assist you in limiting access to material that is harmful to minors.
Information identifying current providers of such protections is available
at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up Web site, http://www.netparents.org/parentstips/browsers.html.
To view information on our policy regarding the privacy of children
under the age of 13, please see our privacy policy.
- Infringement
Policy
Dalton Media Group, pursuant to 17 U.S.C. Section 512 as amended by
Title II of the Digital Millennium Copyright Act (the "Act"),
reserves the right, but not the obligation, to terminate your license
to use the Service if it determines in its sole and absolute discretion
that you are involved in infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether the material
or activity is ultimately determined to be infringing. Dalton Media
Group accommodates and does not interfere with standard technical measures
used by copyright owners to protect their materials. In addition, pursuant
to 17 U.S.C. Section 512(c), iTvRatings.com has implemented procedures
for receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. All claims of infringement
must be submitted to iTvRatings.com in a written complaint that complies
with the requirements below and is delivered to our designated agent
to receive notification of claimed infringement:
By mail:
Legal Department
Dalton Media Group
P.O. Box 6172
Leesburg, VA. 20178
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary
right must include the following information:
- A physical or electronic
signature of a person authorized to act on behalf of (1) the owner of
an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site. Similarly, for materials
that are defamatory or infringe patent, trademark, or other proprietary
rights of a third party, please submit a list of such materials.
- Identification of
the material that is claimed to be infringing, to be the subject of
infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
- Information reasonably
sufficient to permit us to contact you, such as your address, telephone
number, and/or electronic mail 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 or other proprietary
right owner, its agent, or the law.
- A statement that
the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person
defamed.
- Modification
iTvRatings.com reserves the right, in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, content, or
feature of the Service. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof, which may be provided
to you by posting on the Service, via e-mail or any other reasonable
means. Continued use of the Service by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
- Export Control
Information Unless otherwise specified, the materials on the Service
are presented solely to provide information regarding and to promote
Dalton Media Group's Services and other products available in the United
States, its territories, possessions and protectorates. The Service
is controlled and operated by Dalton Media Group from its offices within
the state of Virginia, United States of America. iTvRatings.com makes
no representation that materials on the Service are appropriate or available
for use outside the United States. Those who choose to access the Service
from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that
local laws are applicable. Software from the Service is further subject
to United States export controls. No software from the Service may be
downloaded or otherwise exported or re-exported (A) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the U.S. has embargoed goods, or (B) to anyone
on the U.S. Treasury Department list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By using the
Service, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on
any such list.
- Miscellaneous
This Agreement shall be governed by and construed in accordance with
the laws of the State of Virginia without giving effect to any principles
of conflicts of law. Although you acknowledge that we will have the
ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts
in Loudoun County, Virginia, U.S.A., regarding any and all disputes
relating to this Agreement or your use of the Service. You acknowledge
and agree that the warranty disclaimers and liability and remedy limitations
in this Agreement are material terms of this Agreement and that they
have been taken into account in the decision by iTvRatings.com to provide
the Service hereunder. You may not assign any of your rights, obligations
or privileges hereunder without the prior, written consent of Dalton
Media Group/iTvRatings.com. Any assignment of the foregoing other than
as provided for in this section shall be null and void, an initio. If
any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from this Agreement, shall be enforced to the fullest extent allowed
by law as to effect the intention of the parties, and shall not affect
the validity and enforceability of any remaining provisions. This Agreement
and any posted operating rules constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all
prior or contemporaneous communications and proposals, whether oral
or written, between the parties with respect to such subject matter.
No waiver of any provision or any right granted hereunder will be effective
unless set forth in a written instrument signed by the waiving party.
No waiver by either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. You agree not to
reproduce, duplicate, copy, sell, resell, or exploit for any commercial
purposes, any portion of the Service or access to the Service. The titles
and subtitles used in this Agreement are used for convenience only and
are not to be considered in construing or interpreting this Agreement.
- Rules
for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this Site provide you and other users an opportunity to
submit, post, display, transmit and/or exchange information, ideas,
opinions, photographs, images, video, creative works or other information,
messages, transmissions or material to us, the Site or others ("Post"
or "Postings"). Postings do not reflect the views of
Dalton Media Group/iTvRatings.com, and iTvRatings.com does not have
any obligation to monitor, edit or screen any Postings, but may do so
in its sole discretion. Notwithstanding anything else in these Rules
of Conduct, iTvRatings.com should not be seen as endorsing any Post
in any way. Neither iTvRatings.com nor its parent company, its respective
officers, directors, and employees, subsidiaries and/or affiliates shall
be liable for any Posting that is in violation of this agreement.
You acknowledge that anything you submit to an iTvRatings.com Site by
way of any Posting is routed through iTvRatings.com's servers and the
Internet and that, therefore, you have no expectation of privacy with
regard to any such submission. You acknowledge that the Posting and
features on iTvRatings.com Sites are postings for public and not private
communications. Please keep in mind that whenever you give out personal
information online, for example, via message boards or chat, that information
can be collected and used by people you don't know. We cannot guarantee
the security of any information you disclose online; you make such disclosures
at your own risk. (Users under the age of 18 should be especially careful
not to provide any personally identifying information while using chat
rooms or message boards. As set forth in iTvRatings.com's Terms and
Conditions of use, users of chat rooms and message boards must follow
acceptable standards of behavior when posting messages online.)
If a Posting originates
from you or your account, you hereby agree not to post any materials
that
- interfere with anyone
else's use of the Site;
- are abusive, illegal,
defamatory, libelous, indecent, obscene, offensive, or threatening in
any way;
- encourage anyone
to break the law;
- violate anyone's
copyright, trademark or other property right;
- interfere with the
privacy of any other user;
- contain a virus
or any other harmful component; or
- contain false or
misleading statements of fact or descriptions of the origin of the material
or the communication. You agree to comply with any additional terms
which are referred to on this Site or any sub-site within the website.
The message boards provided on the iTvRatings.com Site are for the purpose
of exchanging views and information about television programming. iTvRatings.com
reserves the right to terminate the account or suspend the posting privileges
of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous,
obscene, pornographic, profane, threatening, or unlawful material or
any material that constitutes or encourages conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate
any law. Although iTvRatings.com may from time to time monitor or review
bulletin boards, chat rooms, discussions, postings, transmissions, and
the like on the Site, iTvRatings.com is under no obligation to do so
and assumes no liability or responsibility arising from the contents
of any such communications or for any defamation, error, inaccuracy,
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