TERMS OF USE

TM & © NeTV™ Networks, LLC.

USER CONTENT.

A. DEFINED; ACKNOWLEDGEMENTS. The Services may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and the opportunity to create, submit, post, email, display, transmit or otherwise make available a User profile, username, photographs, graphics, comments, reviews, links, materials, ideas, opinions, messages, playlists and other information and communications via the Services (collectively, “User Content”). When you submit User Content, you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User ID, a descriptive title, information about the User Content, your location, activity, preferences and/or similar information. You acknowledge and agree that the term “User Content” also includes, without limitation, all of the information you submit or we receive that is related to your User Content.

B. RESPONSIBILITY; LIABILITY. You understand, acknowledge and agree that you are solely and entirely responsible for all User Content that you submit, upload, post, email, display, transmit or otherwise make available and any consequences thereof. You understand that by using the Services, you may be exposed to other people’s User Content, including User Content that may be considered offensive, indecent or objectionable. User Content does not reflect the views of NeTV and NeTV does not guarantee the accuracy, integrity, quality or content of any User Content. Under no circumstances shall NeTV be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

C. USAGE; RESTRICTIONS. The Services, including, without limitation, all features and functionality relating to User Content, are intended for non-commercial use only. NeTV has the right, but not the obligation, to review any User Content and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Content, including, without limitation, any User Content that is deemed to be in violation of the terms and conditions of these Terms of Use (including, without limitation, Section 7 herein) or otherwise inappropriate or unacceptable for the Services, as determined by NeTV in its sole discretion in each instance; provided, however, that NeTV shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner.

D. LICENSE; USAGE. In connection with all User Content you submit, post, email, display, transmit or otherwise make available, you grant to NeTV the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual, transferable, sub-licensable, fully paid up and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Services and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you. For the avoidance of doubt, the rights, licenses and privileges described in these Terms of Use and granted to NeTV shall commence immediately upon submission of your User Content and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Services as a registered User or not.

E. RIGHTS; REPRESENTATIONS. NeTV does not acquire any title or ownership rights in the User Content that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Content, you continue to retain any such rights that you may have in such User Content, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (i) you own the User Content posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein with respect to such User Content; (ii) your submission, uploading, posting, emailing, display, transmission and/or making available of User Content does not violate these Terms of Use or any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (iii) you are at least 18 years of age and you have the legal right and capability to enter into these Terms of Use and perform and comply with all of its terms and conditions or, if you are under 18 years of age, your parent or legal guardian has agreed to these Terms of Use on your behalf; and (iv) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms of Use and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Content.

F. CALIFORNIA REMOVAL RIGHTS. Registered Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content located on the Services that they themselves post by emailing us at feedback@netv.com
. All requests must be labeled “California Removal Request” in the email subject line. All requests must provide a description of the content or information in your User Content that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username, name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email), include the name and URL (if applicable) of the website, application or other interactive service and indicate your preference on how our response to your request should be sent (email or postal mail). We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and may not be able to respond if you do not provide complete information. Please also note that any requests for removal do not ensure complete or comprehensive removal of content or information from the Services. For example, content that you have posted may be republished or reposted by another User or third party.