1. ACCEPTANCE OF TERMS
Clubhead TV provides this service to you for free, subject to the following Terms of Service (“TOS”), which may be updated by us without prior notice to you. You can review the most current version of the TOS at any time at: http://www.clubhead.tv/terms/. Please note that other terms, limitations and exclusions may apply and will addressed on an individual basis. Your affirmative and express acceptance of these terms of services, in their entirety, occurs at the first moment you utilize any part of Clubhead TV .
2. DESCRIPTION OF SERVICE
Clubhead TV provides users with access to electronic mail, message boards, and radio information services (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Clubhead TV resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the Internet, either directly or through devices that provide access, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including but not limited to a computer and modem or other access device. Please note that Clubhead TV has created certain areas on the Service that contain a subscription service. You must keep your account’s balance up to date in order to view these areas (subscription service is covered elsewhere). Clubhead TV as also taken an initiative to help in under-age privacy on the Internet as well as comply with the COPPA ruling, and shall not provide the Service to persons under the age of 13 without explicit parental consent.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being 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 Clubhead TV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Clubhead TV 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), as well as declare Breach of Contract and refuse to send and/or cancel payments.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and NOT Clubhead TV , are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Clubhead TV 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, objectionable, malicious or further damaging.
You agree not to use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Clubhead TV official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page) in attempt to defraud Clubhead TV ;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit 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;
(i) 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;
(j) 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;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
(l) “stalk” or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites, or interfere or otherwise interrupt the broadcast of FCC licensed stations;
(o) use your page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond Clubhead TV ;
(p) have multiple Clubhead TV addresses or
(q) engage in commercial activities without enrolling in Clubhead TV approved affiliate programs. This includes, but is not limited to, the following activities:
• offering for sale any products or services;
• soliciting for advertisers or sponsors;
• conducting raffles or contests that require any type of entry fee;
• displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of banners provided by or prior approved by Clubhead TV ;
• displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(r) You agree and acknowledge that Clubhead TV has not reviewed any contents as to their acceptability, legality or for any other purpose. You further agree that it is not Clubhead TV ‘s responsibility to do any such review for appropriateness but merely to host the Site on your behalf.
6. 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.
7. CONTENT SUBMITTED TO Clubhead TV
Clubhead TV does not claim ownership of the Content you place in your messages. By submitting Content to Clubhead TV for inclusion on the Site, you grant Clubhead TV the world wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and promoting Clubhead TV ‘s Internet properties, or any related company thereof. This license exists only for as long as you continue to be a Clubhead TV member and shall be terminated at the time your Clubhead TV account is terminated. The mere fact of submission of Content which you place on your Site does not impose or imply any duty of Clubhead TV to review the same for appropriateness and legality of such content and/or Site.
You acknowledge that Clubhead TV does not pre-screen Content, but that Clubhead TV and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Clubhead TV 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.
You agree to indemnify and hold Clubhead TV, and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Clubhead TV may establish general practices and limits concerning use of the Service, by example and not limitation, disk space, bandwidth and electronic mail relays.
11. MODIFICATIONS TO SERVICE
Clubhead TV 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 Clubhead TV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Clubhead TV , in its sole discretion, may terminate your account, Site, use of the Service or use of any other Clubhead TV service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Clubhead TV believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Clubhead TV may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Clubhead TV may immediately deactivate or delete your account and all related information and files in linked to your account and/or bar any further access to such files or the Service. You agree that Clubhead TV shall not be liable to you or any third-party for any termination of your access to the Service. Further, upon termination of the Service, you agree to forfeit any and all payments, and give Clubhead TV the right to cancel in- transit payments.
13. ADVERTISEMENTS AND PROMOTIONS
Clubhead TV runs advertisements and promotions on Sites. By utilizing this Site, you agree that Clubhead TV has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Clubhead TV on this Site is subject to change. 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 Clubhead TV 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Clubhead TV has no control over such sites and resources, you acknowledge and agree that Clubhead TV 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 Clubhead TV 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.
15. Clubhead TV/ 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 advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Clubhead TV 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. Clubhead TV grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the services explicitly designated for use in accessing the Service.