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General Conditions of Use
Welcome to CGTV.com. Your use of CGTV.com is expressly conditioned on your acceptance of and agreement to the following Terms of Use Agreement (the "Agreement"). This Agreement sets forth the terms and conditions which apply to your use of the CGTV.com web site. By using this site, you agree to abide by this Agreement. In addition, when using specific services or entering contests or sweepstakes, you agree to abide by any guidelines or rules posted in connection with such services, contests or sweepstakes, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this site. CGTV.com reserves the right to modify this Agreement at any time. Your continued use of this site following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with this Agreement at all times when using this site, CGTV.com reserves the right to deny or restrict your access to this site. The terms and conditions of this Agreement shall apply regardless of the means by which the CGTV.com web site was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites.
1. USE OF CGTV.COM
You agree to use CGTV.com only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. CGTV.com neither endorses the contents of any User communications nor assumes responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.
Any attempt to gain unauthorized access to CGTV.com's computer systems is prohibited. Not all areas of CGTV.com may be available to you. You shall not interfere with any other User's use and enjoyment of CGTV.com or another entity's use and enjoyment of similar services.
CGTV.com may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by CGTV.com elsewhere on this web site. CGTV.com may delete any and all information, communication(s), and/or posting(s) for online conduct that CGTV.com believes is harmful to other Users, the business of CGTV.com, its affiliates, or other third-party information providers.
2. USE OF CONTENT PROHIBITED
CGTV.com prohibits the use, copying, distribution, transmission, display, performance and exploitation in any form or manner of any and all copyrighted or trademarked content on this web site (which includes, without limitation, any and all articles, text, graphics, logos, advertisements, video clips, still photographs and software)(collectively, "Content") without CGTV.com's express prior written consent. Further, the computer code that CGTV.com creates to generate its web site pages is protected by copyright and any copying or adapting of such code is strictly prohibited.
3. REGISTRATION
To access certain areas or features of this web site, you may be asked to register as a member of CGTV.com and to provide CGTV.com with certain information about yourself. CGTV.com uses this information to improve this site and to create content that is more beneficial to our Users. CGTV.com maintains the privacy of your information as set forth in our Privacy Policy. You are responsible for providing CGTV.com with true and accurate information about yourself as requested. If you provide any information that is untrue or inaccurate, or which CGTV.com reasonably believes is untrue or inaccurate, CGTV.com reserves the right to suspend or terminate your membership.
4. LINKS TO THIRD PARTIES
CGTV.com contains hyperlinks to external locations (e.g., other web sites) controlled by third parties. These links are provided solely as a convenience to you, and do not imply an endorsement by CGTV.com or that any affiliation exists between CGTV.com and the linked web site. You agree that CGTV.com is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. CGTV.com has not necessarily reviewed, and does not necessarily endorse, Content at linked web sites, and is not responsible for such Content or for your use of such Content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that CGTV.com shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective web site administrator, system operator, or web master.
5. CGTV.COM TRADEMARKS
The CGTV.com name and logo are trademarks of CGTV and may not be used or copied in any manner without the express prior written consent of CGTV. All other trademarks appearing on this web site are the trademarks of their respective owners.
6. NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
CGTV.com respects intellectual property rights and reserves the right, in its sole discretion, to restrict the access of Users who infringe the rights of copyright holders, and to remove or disable access to infringing material. If you are a copyright holder and believe that any Content appearing on any CGTV.com web site constitutes copyright infringement, please provide CGTV.com with the information requested below. The CGTV.com notification requirements listed below are intended substantially to conform to the copyright infringement notification requirements of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
To be effective under this subsection, a notification of claimed copyright infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
iii. 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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider 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;
v. 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;
vi. 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.
Please forward the above information, in writing, to CGTV.com's designated agent for notification of claimed copyright infringement:
TK TK TK TK TK
7. SUBMISSIONS
CGTV.com welcomes your comments regarding CGTV.com. However, CGTV.com does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by CGTV.com's professional staff seem to others to be similar to their own creative work. Accordingly, CGTV.com requests that your comments relate to those services and products offered by CGTV.com, and that you not submit any creative ideas, suggestions, or materials.
If, at the request of CGTV.com, you send certain specific submissions (e.g., postings to boards, or sweepstakes) or, without the request of CGTV.com, you send CGTV.com creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of CGTV.com. None of the Submissions shall be subject to any obligation of confidence on the part of CGTV.com and CGTV.com shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, CGTV.com shall exclusively own, and by sending your Submissions, you hereby exclusively grant to CGTV.com, all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, for use by all means, manners, methods and media, now known or hereafter devised, and CGTV.com and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
8. DISCLAIMER
THE CGTV.COM SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. CGTV.COM DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
CGTV.COM DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH CGTV.COM. NEITHER CGTV.COM, NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY CGTV.COM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CGTV.COM IS DOWNLOADED AT THE USER'S OWN RISK.
THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM CGTV.COM.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL CGTV.COM, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE CGTV.COM PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENSE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE CGTV.COM WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL CGTV.COM ANY OF THE PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE CGTV.COM WEB SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY CGTV.COM PARTY HAS BEEN ADVISED OF (OR IF ANY CGTV.COM PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL CGTV.COM PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE CGTV.COM WEB SITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE CGTV.COM WEB SITE.
10. INDEMNIFICATION
User agrees to indemnify and hold harmless, and at CGTV.com's request, defend the CGTV.com Parties and their respective parents, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the CGTV.com web site; or (ii) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s) against any CGTV.com Party based on User's conduct or use of CGTV.com's web site or services, User agrees to compensate all CGTV.com Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.
11. INDEPENDENT INVESTIGATION
CGTV.com reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever CGTV.com becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on CGTV.com's servers. During an investigation, CGTV.com may remove any and all disputed material from CGTV.com's servers.
If CGTV.com believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, CGTV.com may take any action it deems appropriate under the circumstances known to it, which may include removal of material from CGTV.com's servers, warnings and/or suspension or termination of User account(s). Violations also could subject User to criminal or civil liability.
12. JURISDICTIONAL ISSUES
This web site is controlled and operated by CGTV.com from its offices within the State of California, United States of America, and is intended for use only by residents of the United States, its territories and possessions. CGTV.com makes no representations or warranties that the Content of this web site is appropriate or lawful in any foreign countries, or that any items offered for sale on the web site will be available outside the United States. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
13. GOVERNING LAW
The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, U.S.A., as such law applies to agreements between California residents entered into and wholly performed within California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of California, U.S.A. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the CGTV.com web site shall be finally adjudicated or determined in any court or courts of the State of California or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.
14. ACCEPTANCE
Your use of CGTV.com constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by CGTV.com or by third party content providers in connection with third-party content, software or services available on, through or in connection with CGTV.com.
15. AMENDMENTS
CGTV.com reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this "Terms and Conditions of Use" section of the CGTV.com web site. Such amendments will be effective when posted.
16. ACTS OF GOD
CGTV.com shall be excused from its obligations for any period to the extent that CGTV.com is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s),regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond CGTV.com's reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.
17. WAIVER
CGTV.com's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of CGTV.com's right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of CGTV.com to exercise or take advantage of any right or remedy that CGTV.com has or may have hereunder operate as a waiver of any right or remedy.
18. SEVERABILITY
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
19. HEADINGS
Division of this Agreement into sections and the use of headings is for convenience of reference only and shall not modify or affect the interpretation or construction of this Agreement, or any provision hereof.
20. MERGER CLAUSE
This Agreement constitutes the entire agreement between you and CGTV.com concerning the subject matter contained herein and supersedes all prior or contemporaneous representations, proposals, conditions, communications, and agreements, whether oral or written, between the parties relating to the subject matter herein and all past courses of dealing or industry custom. The subject matter herein may not be modified except by CGTV.com.
CGTV.COM RESERVES THE RIGHT TO CHANGE OR AMEND THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. SAY SUCH CHANGES SHALL TAKE EFFECT UPON POSTING ON THE CGTV.COM WEB SITE. BY USING CGTV.COM, YOU SIGNIFY YOUR EXPLICIT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE CGTV.COM.
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