ToS
Scope and Purpose of this Disclaimer
This disclaimer document governs your use of our informational website(s). By using the website located at http://ModboxTV.com and it’s subdirectories, successor or additional website(s) owned or operated for the benefit of ModBox Enterprises, LLC (collectively “the Service”), you (either an individual or an entity and “you” or “your” as applicable) agree to, and accept this disclaimer and the Terms of Service in full. If you disagree with any part of this disclaimer, do not use our website, as that condition prohibits you from doing so. By visiting the website or using any products, services, software, data feeds on, from or through the Service, you signify your agreement with the Terms of Service, the privacy policy and the community conduct guidelines of the Service. ModBox Enterprises, LLC reserves the right to modify these terms at any time, and thus, you should check for changes before proceeding to utilize the services and content of the Service. By using this site after changes have been made to this document, you agree to accept those changes, whether or not you have reviewed them.
Rights to information published
All materials on this site are protected by copyright and intellectual property laws and are the property of ModBox Enterprises, LLC or other rights holders. Unless stated otherwise, you may access and download the materials located on the Service only for personal, non-commercial use. You may not reproduce this material on your personal website, blog, social network, or any other online resource without the express written consent of ModBox Enterprises, LLC unless the Service makes the means of the distribution available through the functionality offered by the Service. An example of such functionality is the embeddable player for content of the Service.
Any and all content (including user and visitor generated content) submitted either via email, comment forms, or any other page hosted by the Service at http://www.ModBoxTV.com, any other page of the Service or its content aggregation systems is provided the Service with a perpetual, non-exclusive license to display and distribute the content. The Service reserves the right to alter, remove, re-post, re-purpose, market, or trade any such content for commercial or non-commercial benefit of the Service without remuneration to the licensor.
Our Rights to Remove or Reproduce any User-Generated Material
For the purposes of this condition, the term “user-generated material” shall refer to any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to the Service via any method at any page on http://ModboxTV.com, any other page of the Service or any other content communication or submission medium or forum.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio or any other type of media or content) with the Service you agree to grant us, free of charge, permission to use the material in any way we deem fit (including the modification, reproduction, repurposing, sale, rental, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory and does not infringe upon any laws of the country from which you are utilizing this site, nor the laws of Canada or The United States of America, and that you have the full rights to accept this condition.
Site content (quality, accuracy and use)
Visitors who use this website and rely on any information do so at their own risk.
The Service, any website and the attached documents are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Information found at the Service will not always be up to date and cannot necessarily be relied upon. You may access content for your own personal use only as intended by the Service and within the functionality provided by the Service and within the terms provided in these Terms of Service. The Service and its licensors reserve any and all rights no expressly granted in and to the Service and the content therein.
The information is intended solely for entertainment purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, remedies, or instructions found on this website without first consulting with a qualified professional. They are not intended to be nor do they constitute actionable professional advice. Transmission of this information is not intended to create a professional-client relationship between the Service and you.
The owners, editors, contributors, administrators, and other staff of the Service are not qualified professionals, and are simply aggregating information found online for entertainment purposes only.
By using this website, you hereby forfeit any and all claims, past, present, and future, against the owners, editors, contributors, administrators, and other staff of the Service.
Restrictions on who can use the website
If you are under 18, please get a parent’s or guardian’s permission before taking part in any community of the Service. Never reveal any personal information about yourself or anyone else (for example, school, telephone number, your full name, home address or email address).
By visiting any page at the Service you understand that “adult” content may be encountered that is not suitable for children. You must be at least 18 years of age or have a parent/guardian present while viewing any page or other correspondence or content from a website of the Service, (which includes all content and code from any page hosted at or within the Service, or any content or code relating to or from this site that was transmitted via email or other means). The Service can not be held responsible for any harm that is experienced, real or perceived, from viewing, following, or contributing, of any sort of content on this site.
Accounts, Registration and Membership
Registration is not required to view most User Material and Video Material and Publisher Material provided as part of the Service. However, you are required to register if you wish to post a comment or upload a video, download the Service Client or view certain User Material and Video Material and Publisher Material. If you wish to upload a video you agree to be subject to our Publisher Terms. If you wish to download the Service Client you agree to be subject to additional terms and condition relating to the license and use of the Service Client. To register, you will have to create an account. As a condition to using such components of the Service Service, you will be asked to register with the Service and select a password and screen name (“User ID”). You shall provide the Service with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this TOU, which may result in immediate termination of your account with the Service. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. The Service reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Service immediately of any breach of security or unauthorized use of your account. Although the Service will not be liable for your losses caused by any unauthorized use of your account, you may be held liable for the losses of the Service or others due to such unauthorized use. All registration information provided by you shall be subject to the Service’s Privacy Policy or any successor thereto.
User Conduct
The Service grants you permission to use the Service subject to all of the terms and conditions set forth in these Terms of Service.
As a condition of use, you agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited. By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Material using any communications service or other service available on or through the Service, that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or ii. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or iii. misrepresents the source or identity of any content; or iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of the Service or any third party; or vi. impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of the Service; or vii. constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause the Service to violate any applicable law or regulation.
In addition to these Terms of Service, your use of the Video Material may be subject to separate license terms as set forth by the Publisher. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in the Service’s sole discretion, an unreasonable or disproportionately large load on the Service’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Service may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other users enjoyment of the Service, including, without limitation, accessing an account of a user of the Service that is not yours. You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the Service’s website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service in a manner which sends more request messages to the Service’s server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, information about other users of the Service. The use of any information learned through the Service or while in the Service’s website(s) is limited to the express purposes set forth in these Terms of Service; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display any portion of the Service’s website(s) or any of its contents. No hyperlinks to any password protected web pages on the Service’s website(s) are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by the Service in our sole discretion.
External links – limiting liability for links to other web sites
We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views and/or content expressed within those sites.
The Actions and Opinions of Other Users
You must not use this website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Some content found on the pages of the Service within a website and its subdirectories is created by members of the public. The views expressed are theirs and unless specifically stated are not those of the Service. We accept no responsibility for any loss or harm incurred from the use of this website or any of it’s information or content.
Viruses, Damage and Availability
The Service makes no warranty or claim that functions available on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available, nor the content itself is and/or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
Service Termination
The Service may terminate your access to any part of or all of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that all provisions of this Terms of Service, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Account Termination
The Service will terminate a user’s access to the Service if, pursuant to the Service’s criteria and in the Service’s sole discretion, the Service determines that the user is a repeat infringer of the Terms of Service, Privacy Policy or Copyright Policy.
Legal jurisdiction
The Federal laws of the United States and the laws of the State of Idaho shall otherwise govern your use of the site where these terms and conditions are not clear or incomplete and you hereby agree to submit to the exclusive jurisdiction of the Minidoka County, Idaho, USA court system.
Warranty Disclaimer
The Service, its content and marks, logos or other information are provided “as is” and “as available”. The Service make no representations or warranties of any kind, either express or implied, about the Service, its content or marks. The Service disclaims all warranties regarding the Service and its contents to the fullest extent permitted by law, including, but not limited to warranties of merchantability, fitness for a particular purpose, accuracy or completeness f content, non-infringement, or the availability or quality of any products or services available via the Service, except as may be set forth in any license or other agreement related to those particular products or services. You agree that the use of the Service shall be at your sole risk. You also agree that the Service does not endorse, guarantee or assume responsibility for any product or service advertised, described or offered by any third-party through the Service, any hyper-linked website, included in any banner or other advertising. The Service will not be a party to or in any way responsible for monitoring any transaction between you any third party.
Limited Liability
The Service and its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of any content, information, function, or service of the Service at any location within a website or other related location (such as content feeds, links, emails, letters, documents, and other company products or correspondence).
Indemnification
You agree to defend, indemnify and hold harmless the Service and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, “the Service Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these TOU; (iii) your violation or alleged violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any of User Material you upload and publish on the Service caused damage to a third party; or (v) your gross negligence or willful malfeasance (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Service Indemnitees. The Service, ModBox Enterprises, LLC and any other agent or assign of the Service shall have the right, in its sole discretion, to select its own legal counsel to defend the Service Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Service Indemnitees in connection therewith. You shall not, without the prior express written approval of the Service, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Indemnitee of the Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Service without restriction.
Modification
The Service shall have the right to modify these Terms of Service at any time, which modification shall be effective immediately following the Service’s posting of such change on its website(s). We recommend that you check the Service’s website(s) regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute your acceptance of such modification. These Terms of Service may not otherwise be changed or modified, except in a writing signed by an authorized representative of the Service.
Though we make a reasonable effort to maintain the resources of this website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. As noted above, by using this website you agree that you will not follow any instruction, suggestion, step, list, tutorial, or other content on this website or any of its content posted elsewhere until you have appropriately consulted with a licensed professional who is unrelated to this site or it’s parent company in any way.
March 11, 2011
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