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PRIVACY

JanetTV.com (the “Site”), takes your privacy very seriously. This privacy policy is intended to inform you about the information that is collected from you when you visit the Site; how this information may be used and disclosed; how you can control the use and disclosure of your information; and how your information is protected. If you have any questions about this privacy policy, please contact our privacy team at privacy [at] JanetTV.com.

1. Scope
This privacy policy applies only to the Site. This policy does not apply to information collected through any other website or to the practices of companies that the JanetTV.com does not control. Please note that the Site may contain links to other websites. For example, if you click on an advertisement on the Site and link to another website, then this privacy policy will not apply to any information collected on that website. We are not responsible for the privacy practices of other websites, and we recommend that you read the privacy policies of each website that you visit.
2. What information the Site collects
Information you provide directly to us:
You are not required to provide information directly to us in order to view the Site. However, when you use certain Site functions, such as when you register for certain services, access certain content or features, or directly contact the Site, we may ask you to provide information, including: i. contact information, such as name, email address, postal address, phone number, and mobile number; ii. username and password; iii. information posted in community discussions and other interactive online features; iv. search queries conducted on the Site; and v. correspondence you send to us.
Information automatically collected when you visit and interact with the Site:
When you visit and interact with the Site, certain information may be collected automatically, including: i. your computer’s Internet Protocol (IP) address; ii. your browser type and operating system; iii. the web pages you were visiting immediately before and after you came to the Site; iv. activities within community discussions; v. web pages and advertisements that you view, and links that you click on, within the Site; vi. your bandwidth speed and information about the software programs that are installed on your computer; vii. aggregated data about email click-through rates and user video viewing; viii. standard server log information; and ix. information collected through HTML cookies, Flash cookies, web beacons, and similar technologies. For more information, please see our discussion of cookies and other technologies.
Information we collect from other sources:
We may access information about you from third-party sources and platforms (such as social networking sites, databases, online marketing firms, and ad targeting firms), including: i. if you access third-party social networking services (such as Facebook Connect or Twitter) through the Site, your username and connection lists for those services; ii. demographic data, such as age range, gender, and interests; iii. advertisement interaction and viewing data, such as ad click-through rates and information about how many times you viewed a particular ad; and iv. unique identifiers, including mobile device identification numbers, that can identify the physical location of such devices in accordance with applicable law.
Please note that the Site may combine the information that we collect with information we obtain from third-party sources.
3. How we use the information that we collect
Email Communications: We may use the information that we collect to send you e-mail communications, such as editorial updates, information about your account or changes to the Site, and promotional messages about our own or our marketing partners’ products and services. If you signed up for one of our email newsletters, we also will send you the newsletter that you requested.
Mobile Communications: With your consent, we may use your mobile number to send you promotions, notifications, or other services.
Advertising: In order to provide our readers with free access to our content, we display advertisements on the Site, many of which are targeted based on information about you. For example, using information collected through cookies, web beacons, and other sources, we may use demographic data or information about your online activities or interests to display targeted advertising that may be relevant to your preferences. Through this process, advertisers reach Site visitors who are most interested in their products, and you see advertising for products or services in which you may be interested. For more information on how cookies and other technologies work, please see our discussion of cookies and other technologies.
Third-party advertisers and advertising platforms also may serve targeted ads on the Site. For more information, please see our section on third party advertising. Please remember that the information practices of third-party advertisers or platforms collecting data on our site are not covered by this privacy policy.
User Accounts: To provide you with an open, but also civil, discussion forum, we may track user involvement in our community discussions.
Request Fulfillment: We may use the information that we collect to fulfill your requests for products, services, and information. For example, we may use your contact information to respond to your customer service requests or to enable you to participate in features on the Site such as surveys, polls, sweepstakes, and message boards.
Statistical Analysis: In order to learn more about how our Site is used, we aggregate and analyze the data that we collect. We may use this information, for example, to monitor and analyze use of the Site, to increase our Site’s functionality, and to better tailor our content and design to suit our visitors’ needs.
Enforcement: We may use the information that we collect to prevent illegal activities, to enforce the Site’s Terms and Conditions, and to otherwise protect our rights and the rights of our users.
In addition to the uses identified above, we may use the information that we collect for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
4. Information sharing
JanetTV.com values your privacy, and shares information about our users only under certain circumstances. We will make information about you available to other companies, applications, or people in the circumstances listed below:
i. We may share aggregated information or information that does not directly identify you with third parties to help us develop content, services, and advertising that we hope you will find of interest. Please note that we do not share contact information with third parties that advertise on the Site. ii. We may employ third parties to perform Site-related services, including database management, maintenance services, analytics, marketing, data processing, and email and text message distribution. These third parties have access to your information only to perform these tasks on our behalf. iii. If you choose to engage in public activities on the site, such as posting comments on community message boards, any information you submit can be read, collected, or used by others. Please exercise caution when deciding to disclose any personal information in public activities or submissions. iv. We may share information about you in the event that the Site is acquired by or merged with another company or a similar corporate transaction takes place. However, the Site will notify you by placing a prominent notice on our site or sending a notice to the primary email address specified in your account before your information is transferred and becomes subject to a different privacy policy. v. We may share information about you to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of the Site’s Terms and Conditions, or as otherwise required by law. vi. We may share information about you to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims. vii. In addition to the scenarios identified above, we may share information about you for any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
Please note that third parties may independently collect data about you, including your IP address and information about the websites you visit and the links you click, through cookies, clicks on links, or other means when you visit or view ads on the Site. For more information, see our section on cookies and other technologies and third party advertising.
5. Third-party services
To customize your experience on the Site and to simplify the Site’s registration process, we provide you with the opportunity to access or interact with third-party services, such as Facebook and Twitter. When you connect to the Site through these third-party services, we may share information about you with these third-party service providers and they may share data about you with us.
When you allow us to access your data through a third-party service to create a Site profile, we may use this data for several purposes, including:
i. Creating relationships automatically within our system. For example, if you connect to us via a service with a public friend list, like Twitter, we may check to see if any people you follow on Twitter are also Site members. If we find a match, we will replicate your Twitter relationship with those members, setting them to be fans, followers, or friends on our Site. ii. Suggesting relationships. For example, if you connect via a service that has a private contact list (like Google and Yahoo!), we may check for people in your contacts who are Site members and suggest that you become a fan of these users. This process is not automatic; you must affirmatively choose to become a fan of these suggested users. iii. Populating a list of potential friends to whom you can send emails. When users share content with their friends using, for example, the forward-to-a-friend feature on the Site, we may use friend lists from third-party services to create a list of contacts to whom you may choose to send the email message. iv. Populating a list of potential friends to whom you can send service-specific messages. For example, we may use friend lists from a third-party service to create a list of contacts to whom you may choose to send an invitation to view an interactive slideshow. v. To enhance and personalize your experience on the Site. When you are connected via a third-party service, we may access certain account information, such as your profile picture, what stories are popular in your network, and what your friends are saying about certain articles or blog posts, in order to enhance and personalize your experience on the Site.
In addition, if you connect to a Facebook account, your experience on the Site may be personalized. For example, you may automatically see what stories are popular in your network, and what your friends are saying about particular stories.
Please note that you may disconnect third party accounts at any time. Please feel free to set your privacy preferences or disconnect all of your third-party service accounts. You also may be able to modify your privacy settings directly with the third-party service.
Please remember that we do not control the privacy practices of these third-party services. We encourage you to read the privacy policies of all third-party service providers.
6. Your choices
Deactivating your account
You can deactivate your account, if applicable, at any time by visiting the preferences page for your profile. When you deactivate your account, your user profile will be disabled, but your public comments will remain on the site. The Site has no responsibility to take down, remove, or edit any of your public activities or any submissions that are a result of your public activities. For more information, please review our Terms and Conditions.
Cookies and other technologies
As discussed in the sections on cookies and other technologies and third party advertising, some information is collected about you automatically through cookies and other technologies.
i. Cookies. You can change your browser settings to reject all cookies, accept only certain cookies, or notify you when a cookie is set. Please note that you may need to renew these settings if you delete your cookies after these preferences are made. These settings also may not apply if you are using a different computer or Internet browser. In addition, many third-party advertising networks are members of the Network Advertising Initiative (“NAI”). To opt out of having information collected by NAI member companies used for behavioral advertising, to obtain information about the technologies these ad networks might use, and to view information regarding their privacy policies, please visit http://www.networkadvertising.org/optout_nonppii.asp. ii. Flash Cookies. You can control how Flash cookies are used by visiting the Adobe Macromedia site, located here. Adobe enables you to allow some Flash cookies from certain websites, limit Flash cookies’ storage capacity, and disallow Flash cookies altogether. In addition, if you use Mozilla Firefox for your Internet browser, you can download the BetterPrivacy add-on to automatically delete your Flash cookies every time you close your browser.
If you opt out of these technologies, you will continue to see advertising displayed on the Site, but the advertising may not be targeted to your interests.
Please remember that we do not have access to, or control over, advertisers’ or service providers’ cookies, and the information practices of third parties are not covered by this privacy policy. For more information on the use of cookies in online advertising, please see the section on third party advertising and visit the NAI’s website.
7. Access
If you choose to share contact information with us, you may update or amend this information by contacting us at privacy [at] JanetTV.com.
8. Confidentiality and security
We limit access to contact information about you to employees or service providers who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We also have adopted commercially reasonable technical, physical, and administrative procedures to help protect information about you from loss, misuse, and alteration.
Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using the Site, but we cannot ensure or warrant the security of any information you transmit to us.
9. Visitors from outside the United States
The Site’s offices are located in the United States. If you visit the site from another country, please be aware that information you provide to us or that we obtain as a result of your use of the Site may be processed in and transferred to the United States and will be subject to U.S. law. U.S. privacy and data protection laws may not be equivalent to the laws in your country of residence. By using the Site or providing us with your information, you consent to the collection, transfer, storage, and processing of information to and in the United States.
10. Children under 13
We do not knowingly collect personal information from children under 13. If we learn that we have collected any personal information from a child under the age of 13 without verifiable parental consent, we will delete that information from our database as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us at privacy [at] JanetTV.com.
11. Changes to the privacy policy
We may update this privacy policy at any time to reflect changes in our practices and service offerings. If we modify this privacy policy, we will update the “Effective Date.” We will notify you of any material changes in the way we treat your information by placing a prominent notice on our site or sending a notice to the primary email address specified in your account.
12. Questions and suggestions
If you have questions about this privacy policy, please contact our privacy team at privacy [at] JanetTV.com.
Effective Date: December 20, 2012

TERMS OF USE

Updated: 04-20-2016

1. INTRODUCTION
Welcome to the Internet sites of the Janet TV Group (“JTVG”). “JTVG Sites” include JanetTV.com, SportsChannelForWomen.com, and other Internet sites on which these terms of use are posted. JTVG and any and all entities that control, are controlled by, or are affiliated or under common control with, JTVG, are collectively referred to herein as “we,” “us,” “our” or “JTVG”. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY JTVG SITE. By using any JTVG Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the JTVG Sites. Note that special terms apply to some services offered on certain JTVG Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the JTVG Sites and receipt of data, materials and information available at or through the JTVG Sites, the possibility of our use or display of your Solicited Submissions (as defined below in Section 3, entitled “SUBMISSIONS”) and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
2. USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on JTVG Sites are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the JTVG Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any JTVG Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the JTVG Site, except that where a JTVG Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and © do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of JTVG Sites is prohibited. In the event that we offer downloads of software on a JTVG Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
3. SUBMISSIONS
In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through a JTVG Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a JTVG Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through any JTVG Site for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through any JTVG Sites. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submissions you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on JTVG Sites, on third party web sites, on broadcast, satellite and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”). By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct (set forth below in Section 7 labeled “RULES OF CONDUCT”)) and other requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions. To the extent that any Submissions you Distribute on or through JTVG Sites contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions. To the extent that we solicit Submissions through features or activities on or through JTVG Sites (including games, sweepstakes, contests, promotions and Public Forums (defined below in Section 6, labeled “PUBLIC FORUMS AND COMMUNICATION”)) that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
5. ACCOUNTS
Some services on the JTVG Sites may permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at security_breach [at] JanetTV.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any JTVG Site. In addition, you agree to exit from your account at the end of each session. We may suspend or terminate your account and your ability to use any JTVG Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any JTVG Site that offers the opportunity for users to Distribute Submissions for viewing by one or more JTVG Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function (including electronic greeting cards and send-a-friend e-mails). You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any JTVG Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
7. RULES OF CONDUCT
The following Rules of Conduct apply to the JTVG Sites. By using the JTVG Sites, you agree that you will not Distribute any Submission that: 1. (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; © is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; 2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; 3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or © any confidentiality obligation; 4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); 5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the JTVG Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the JTVG Sites; or 6. (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or © is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
8. COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any JTVG Site that violates these terms of use (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including any JTVG Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
9. CONTENT ACCESSIBLE THROUGH LINKS FROM JTVG SITES AND SEARCH RESULTS
You should be aware that when you are on a JTVG Site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any JTVG Site or third-party Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
10. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO JTVG SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY JTVG SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY JTVG SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). Furthermore, the Content is not intended to be a substitute for professional medical advice. Always seek the advice of your physician with any questions you may have regarding a medical condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information appearing on a JTVG Site is strictly at your own risk. JTVG Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of JTVG Sites are intended for educational and entertainment purposes only. Such content is not intended to, and do not, constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not act or refrain from acting on the basis of any content included in, or accessible through, the JTVG Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
11. INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the JTVG Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY JTVG SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A JTVG SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY JTVG SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO JTVG SITES OR CHANGE THE JTVG SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. JURISDICTIONAL AND VENUE ISSUES
You agree that any action at law or in equity arising out of or relating to these terms of use or the JTVG Sites shall be filed, and that venue properly lies, only in state or federal courts located in the city of Austin, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any JTVG Site is appropriate or available for use in any particular location. Those who choose to access a JTVG Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
14. AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we may notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice or our posting of notice of the changes on the Web Sites will nonetheless constitute effective notice of any amendment described in the notice.
15. GENERAL PROVISIONS
These terms of use shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY JTVG SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through JTVG Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through JTVG Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through JTVG Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent. (1) Notification must be submitted to the following Designated Agent: Service Provider: JTVG; (2) Name of Person Designated to Receive Notification of Claimed Infringement: Ann Burnett; (3) Full Address of Designated Person to Which Notification Should be Sent: 7301 RR 620 North, Suite 155-101, Austin, TC 78726; (4) Telephone Number of Designated Person: (888) 354-7704; and (5) E-Mail Address of Designated Person: designated.person [at] JanetTV.com To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity 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; 4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We may give you notice that we have removed or disabled access to certain material by means of a general notice on any JTVG Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: 1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which JTVG may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
17. ATTRIBUTION AND NOTICES
The following provisions apply to certain Third Party Content made available on Janet TV and affiliated Sites. Where applicable, the following provisions apply in lieu of any specifically inconsistent provisions above. However, in other circumstances, the following provisions shall not limit or be applied in construing any provisions above. Third party text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Any copying, republication, or redistribution of Third Party content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of that Third Party. Neither these materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Users may not download or reproduce a substantial portion of the material found on this web site. In no event shall you publish, retransmit, redistribute, or otherwise reproduce any Third Party information in any format to anyone, nor shall you use any Third Party Information in or in connection with any business or commercial enterprise. Certain Third Party information is displayed on a delayed basis and is not Real-Time information. Third party providers will not be held liable for any delays, inaccuracies, errors, or omissions, or for any actions taken in reliance thereon, or in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. Third Party news releases are protected by copyright and other applicable laws, treaties, and conventions. Information contained in such releases may be furnished by Third Party’s suppliers/members, who are solely responsible for their content, accuracy, and originality.
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