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Please read and abide by the terms and conditions of
TVLeo.com. as set forth in this agreement. You must agree to these
terms and conditions prior to using and/or joining
TVLeo.com.
WEBSITE SERVICE AGREEMENT/TERMS OF
USE
The services that TVLeo.com and TVLeo Real Estate provides to Members are subject to the following Terms
of Service / Use ("TOS / TOU" or “Agreement”). TVLeo.com and TVLeo Real Estate requires
that all persons or entities visiting this Website and those that become a
Member agree to the TOS / TOU. Please read the TOS / TOU carefully before
continuing on with your use of this Website or becoming a Member of the Website.
The TOS / TOU shall govern the use of the Website and apply to all Internet
traffic visiting the Website.
1. ACCEPTANCE OF TERMS AND BINDING
EFFECT
THIS IS A BINDING AGREEMENT. BY USING AND/OR VISITING
THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE
TVLeo.com DOMAIN NAME, THE “WEBSITE”), YOU (“Member,” “YOU” OR “YOUR”)
SIGNIFY YOUR ASSENT TO THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS PUBLISHED
AT HTTP://WWW.TVLEO.COM/PRIVACY_POLICY/
AND LICENSES OBTAINED FROM THE UTILIZATION OF THE WEBSITE’S SERVICES AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO REVIEW
THE TOU PERIODICALLY. IF AT ANY TIME YOU FIND THE TOU AND INCORPORATED
AGREEMENTS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE ALL
USE OF THE SERVICES AND THE WEBSITE. YOU AGREE THAT BY USING THE SERVICES YOU
REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO
ENTER INTO THIS AGREEMENT.
A. TVLeo.com and TVLeo Real Estate reserves the right to update
the TOU at any time without notice to Member.
B. The right to use TVLeo.com is personal to
Member and is not transferable to any other person or entity. Member is
responsible for all use of Member's Account (under any screen name or password)
and for ensuring that all use of Member's Account complies fully with the
provisions of this Agreement. Member shall be responsible for protecting the
confidentiality of Member's password(s), if any.
C. TVLeo.com and TVLeo Real Estate shall have the right at any
time to change or discontinue any aspect or feature of TVLeo.com,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. CHANGED
TERMS
The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located or published at the bottom
of our Web pages. TVLeo.com and TVLeo Real Estate shall have the right at any time to
change or modify the terms and conditions applicable to Member's use of
TVLeo.com, or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use. Such changes,
modifications, additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited to, posting on
TVLeo.com, or by electronic or conventional mail, or by any other means
by which Member obtains notice thereof. Any use of TVLeo.com by Member
after such notice shall be deemed to constitute acceptance by Member of such
changes, modifications or additions.
3. DESCRIPTION OF
SERVICES
Through the Website and its Web property, TVLeo.com
provides Visitors and Members with access to a variety of resources, including
download areas, software, communication forums and product information
(collectively "Services"). The Services, including any updates, enhancements,
new features, and/or the addition of any new Web properties, are subject to the
TOU, the privacy policy and licenses.
4. EQUIPMENT
Member shall be responsible for obtaining and
maintaining all telephone, computer hardware, software and other equipment
needed for access to and use of TVLeo.com and all charges related
thereto.
5. MEMBER CONDUCT AND
PROHIBITIONS
A. Member shall use TVLeo.com for lawful
purposes only. Member shall not post or transmit through TVLeo.com any
material which violates or infringes in any way upon the rights of others, which
is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil liability
or otherwise violate any law, or which, without TVLeo.com and TVLeo Real Estate express
prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by Member that in TVLeo.com and TVLeo's
discretion restricts or inhibits any other Member from using or enjoying
TVLeo.com will not be permitted. Member shall not use
TVLeo.com to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of Members to become subscribers
of other on-line information services competitive with TVLeo.com and TVLeo Real Estate.
B. TVLeo.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire
contents of TVLeo.com are copyrighted as a collective work under the
United States copyright laws. TVLeo,com and TVLeo Real Estate owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as well as
in the content original to it. Member may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Member may download
copyrighted material for Member's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of TVLeo.com and TVLeo Real Estate and
the copyright owner. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. Member
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
C. Member shall not upload, post or otherwise make
available on TVLeo.com any material protected by copyright, trademark
or other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with Member. Member shall
be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By
submitting material to any public area of TVLeo.com, Member
automatically grants, or warrants that the owner of such material has expressly
granted TVLeo.com and TVLeo Real Estate the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright that may exist in such
material. Member also permits any other Member to access, view, store, or
reproduce the material for that Member's personal use. Member hereby grants
TVLeo.com and TVLeo Real Estate the right to edit, copy, publish and distribute any
material made available on TVLeo.com by Member.
D. The foregoing provisions of Section 5 are for the
benefit of TVLeo.com and TVLeo Real Estate, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right to assert
and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES AND
PROHIBITIONS
A. The Services may contain email services, bulletin
board services, blog services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable Member to communicate with others
(each a "Communication Service" and collectively "Communication Services").
Member agrees to use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related to the
particular Communication Service. By way of example, and not as a limitation,
Member agrees that when using the Communication Services, Member will not:
• Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
• Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of privacy
and publicity) of others;
• Publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, obscene, indecent or
unlawful topic, name, material or information;
• Upload, or otherwise make
available, files that contain images, photographs, software or other material
protected by intellectual property laws, including, by way of example, and not
as limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless Member own or control the rights thereto or have received all
necessary consent to do the same;
• Use any material or information,
including images or photographs, which are made available through the Services
in any manner that infringes any copyright, trademark, patent, trade secret, or
other proprietary right of any party;
• Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other
similar software or programs that may damage the operation of another's computer
or property of another;
• Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages;
• Download any file posted by another
Member of a Communication Service that Member know, or reasonably should know,
cannot be legally reproduced, displayed, performed, and/or distributed in such
manner;
• Falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded;
• Restrict or inhibit any other Member from using and
enjoying the Communication Services;
• Violate any code of conduct or
other guidelines which may be applicable for any particular Communication
Service;
• Harvest or otherwise collect information about others, including
email addresses;
• Violate any applicable laws or regulations;
• Create a
false identity for the purpose of misleading others;
• Use, download or
otherwise copy, or provide (whether or not for a fee) to a person or entity any
directory of Members of the Services or other Member or usage information or any
portion thereof.
B. TVLeo.com and TVLeo Real Estate has no obligation to monitor
the Communication Services. However, TVLeo.com and TVLeo Real Estate reserves the right
to review materials posted to the Communication Services and to remove any
materials in its sole discretion. TVLeo.com and TVLeo Real Estate reserves the right to
terminate Member’s access to any or all of the Communication Services at any
time, without notice, for any reason whatsoever. TVLeo.com and TVLeo Real Estate
reserves the right at all times to disclose any information as it deems
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in TVLeo.com and TVLeo Real Estate sole discretion.
C. Materials uploaded to the Communication Services may
be subject to posted limitations on usage, reproduction and/or dissemination;
Member is responsible for adhering to such limitations if Member downloads the
materials.
D. Always use caution when giving out any personally
identifiable information in any Communication Services. TVLeo.com and TVLeo Real Estate
does not control or endorse the content, messages or information found in any
Communication Services and, therefore, TVLeo.com and TVLeo Real Estate specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from Member’s participation in any Communication Services.
Managers and hosts are not authorized TVLeo.com and TVLeo Real Estate spokespersons, and
their views do not necessarily reflect those of TVLeo.com and TVLeo Real Estate.
7. MEMBER ACCOUNT, PASSWORD, AND
SECURITY
If any of the Services requires Member to open an
account, Member must complete the registration process by providing
TVLeo.com and TVLeo Real Estatewith current, complete and accurate information as
prompted by the applicable registration form as well as agree to all terms the
Services. Member also will choose a password and a Member name. Member is
entirely responsible for maintaining the confidentiality of Member’s password
and account. Furthermore, Member is entirely responsible for any and all
activities that occur under Member’s account. Member agrees to notify
TVLeo.com and TVLeo Real Estate immediately of any unauthorized use of Member’s account
or any other breach of security. TVLeo.com and TVLeo Real Estate will not be liable for
any loss that Member may incur as a result of someone else using Member’s
password or account, either with or without Member’s knowledge. However, Member
could be held liable for losses incurred by TVLeo.com and TVLeo Real Estate or another
party due to someone else using Member’s account or password. Member may not use
anyone else's account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEBSITE
A. Any software that is made available to download from
the Services ("Software") is the copyrighted work of TVLeo.com and TVLeo Real Estate
and/or its suppliers. Use of the Software is governed by the TOU or any
accompanying license agreement.
B. The Software is made available for download solely
for use or personal use by end Members according to the TOU or any accompanying
license agreement. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. The Software is made available
for download solely for use or personal use by end Members according to the
accompanying license agreement. Violators will have their licenses, provided
with each product download, revoked if they do not follow these terms and will
be prosecuted to the maximum extent possible.
C. WITHOUT LIMITING THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING
SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
TVLeo and TVLeo HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE, TVLeo and TVLeo MAY
MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND
UTILITIES FOR USE AND/OR DOWNLOAD. TVLeo and TVLeo DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES
FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON
THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON
THIS WEBSITE
A. Permission to use Documents (such as white papers,
press releases, datasheets and FAQs) from the Services is granted, provided that
(1) the below copyright notice appears in all copies and that both the copyright
notice and this permission notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or personal use only and will
not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational
institutions, such as universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
B. TVLeo.com and TVLeo Real Estate AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION
CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. TVLeo.com and TVLeo Real Estate AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL TVLeo.com and TVLeo Real Estate AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
C. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE
SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TVLeo.com and TVLeo Real Estate AND/OR
ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND
SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL TVLeo.com and TVLeo Real Estate AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO TVLeo.com and
TVLeo Real Estate OR POSTED AT ANY OF ITS WEBSITES
A. TVLeo.com and TVLeo Real Estate does not claim ownership of
the materials Member provide to TVLeo.com and TVLeo Real Estate (including feedback and
suggestions) or post, upload, input or submit to any Services or its associated
services for review by the general public, or by the Members of any public or
private community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting")
Member’s Submission Member is granting TVLeo.com and TVLeo Real Estate, its affiliated
companies and necessary sublicensees permission to use Member’s Submission in
connection with the operation of their Internet businesses (including, without
limitation, all TVLeo.com and TVLeo Real Estate Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat Member’s Submission;
to publish Member’s name in connection with Member’s Submission; and the right
to sublicense such rights to any supplier of the Services. No compensation will
be paid with respect to the use of Member’s Submission, as provided herein.
TVLeo.com and TVLeo Real Estate is under no obligation to post or use any Submission
Member may provide and TVLeo.com and TVLeo Real Estate may remove any Submission at any
time in its sole discretion. By Posting a Submission Member warrants and
represents to own or otherwise control all of the rights to Member’s Submission
as described in these TOU Use including, without limitation, all the rights
necessary for Member to provide, post, upload, input or submit the Submissions.
B. In addition to the warranty and representation set
forth above, by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"), Member warrant
and represent that (a) Member is the copyright owner of such Images, or that the
copyright owner of such Images has granted Member permission to use such Images
or any content and/or images contained in such Images consistent with the manner
and purpose of Member’s use and as otherwise permitted by these TOU and the
Services, (b) Member have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these TOU, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting Images,
Member is granting (a) to all Members of Member’s private community (for each
such Images available to Members of such private community), and/or (b) to the
general public (for each such Images available anywhere on the Services, other
than a private community), permission to use Member’s Images in connection with
the use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat Member’s
Images without having Member’s name attached to such Images, and the right to
sublicense such rights to any supplier of the Services. The licenses granted in
the preceding sentences for a Images will terminate at the time Member
completely remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such Images prior to
the time Member completely remove such Images. No compensation will be paid with
respect to the use of Member’s Images.
C. TVLeo.com and TVLeo Real Estate is a distributor (and not a
publisher) of content supplied by third parties and Members. Accordingly,
TVLeo.com and TVLeo Real Estate has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions, advice,
statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Members or any
other Member of TVLeo.com, are those of the respective author(s) or
distributor(s) and not of TVLeo.com and TVLeo Real Estate. Neither TVLeo.com and
TVLeo Real Estate nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
11. NOTICE TO PARENTS AND
CHILDREN
We adhere to the Children's Privacy Act. You must be 18
years of age to join or use TVLeo.com or any of the recommended or
linked sites. This site follows the guidelines, policies and laws of the Federal
Trade Commission (www.ftc.gov). We retain the
right to refuse anyone membership in any of our
sites.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY
LAWS
When accessing the Website or using the Services, you
agree to obey the law and to respect the intellectual property rights of others.
Your use of the Services and the Website is at all times governed by and subject
to laws regarding copyright ownership and use of intellectual property. You
agree not to upload, download, display, perform, transmit, or otherwise
distribute any information or Materials in violation of any third party’s
copyrights, trademarks, or other intellectual property or proprietary rights.
You agree to abide by laws regarding copyright ownership and use of intellectual
property, and you shall be solely responsible for any violations of any relevant
laws and for any infringements of third party rights caused by any Materials you
provide or transmit, or that is provided or transmitted using your Member ID.
The burden of proving that any Materials do not violate any laws or third party
rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF
TVLeo.com IS AT MEMBER'S SOLE RISK. NEITHER TVLeo.com and TVLeo Real Estate,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT TVLeo.com WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF TVLeo.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH TVLeo.com.
B. TVLeo.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
C. THIS SECTION APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT TVLeo.com and
TVLeo Real Estate IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER
MEMBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH MEMBER.
D. IN NO EVENT WILL TVLeo and TVLeo, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
TVLeo.com OR THE TVLeo.com and TVLeo Real Estate SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
TVLeo.com. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
TVLeo.com and TVLeo Real Estate, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN TVLeo.com, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE MEMBER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES
SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, MEMBERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY
PRICING OR OTHER INFORMATION. TVLeo and TVLeo, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, TVLeo.com and TVLeo Real Estate,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR
ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS
OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE
PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE
PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM
OF FIFTEEN (15) CALENDAR DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT
THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. NO INCOME
GUARANTEE
TVLeo.com and TVLeo Real Estate makes no claim regarding income
guarantees or results from using its products, services, recommendations or any
partner services. You are joining TVLeo.com as a Member and if you so
desire, you may upgrade to paid membership. However this is not mandatory and
you will have complete access to all free download resources and information as
a free member.
15. LINKS TO THIRD PARTY
SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE
TVLeo and TVLeo’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
TVLeo.com and TVLeo Real Estate AND TVLeo.com and TVLeo Real Estate IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. TVLeo and TVLeo IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
TVLeo.com and TVLeo Real Estate IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,
AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TVLeo.com and
TVLeo Real Estate OF THE SITE.
B. TVLeo.com and TVLeo Real Estate is a distributor (and not a
publisher unless otherwise stated) of content supplied by third parties and
Members. Accordingly, TVLeo.com and TVLeo Real Estate has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Members or
any other Member of TVLeo.com, are those of the respective author(s) or
distributor(s) and not of TVLeo.com and TVLeo Real Estate and. Neither TVLeo.com
and TVLeo Real Estate nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
C. In many instances, the content available through
TVLeo.com represents the opinions and judgments of the respective
information provider, Member, or other Member not under contract with
TVLeo.com and TVLeo Real Estate. TVLeo.com and TVLeo Real Estate neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement
made on TVLeo.com by anyone other than authorized TVLeo.com and
TVLeo Real Estate employee spokespersons while acting in their official capacities. Under no
circumstances will TVLeo.com and TVLeo Real Estate be liable for any loss or damage
caused by a Member's reliance on information obtained through
TVLeo.com. It is the responsibility of Member to evaluate the accuracy,
completeness or usefulness of any information, opinion, advice or other content
available through TVLeo.com and TVLeo Real Estate. Please seek the advice of
professionals, as appropriate, regarding the evaluation of any specific
information, opinion, advice or other content.
16. UNSOLICITED IDEA SUBMISSION
POLICY
TVLeo.com and TVLeo Real Estate OR ANY OF ITS EMPLOYEES DO NOT
ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS,
MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE
ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO
AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN TVLeo and TVLeo’s
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
TVLeo.com and TVLeo Real Estate.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO
TVLeo.com and TVLeo Real Estate OR ANYONE AT TVLeo.com and TVLeo Real Estate IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT TVLeo.com and TVLeo Real Estate MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY POLICY
TVLeo.com
and TVLeo Real Estate respects your privacy and permits Members to control the treatment of
personal information. A complete statement of TVLeo.com and TVLeo Real Estate current
Privacy Policy can be reviewed by clicking on the "Privacy Policy" hypertext
link located or published at the bottom of our Web
pages.
18.
MONITORING
TVLeo.com and TVLeo Real Estate shall have the right, but not
the obligation, to monitor the content of TVLeo.com, including chat
rooms and forums, to determine compliance with this Agreement and any operating
rules established by TVLeo.com and TVLeo Real Estate and to satisfy any law, regulation
or authorized government request. TVLeo.com and TVLeo Real Estate shall have the right
in its sole discretion to edit, refuse to post or remove any material submitted
to or posted on TVLeo.com. Without limiting the foregoing,
TVLeo.com and TVLeo Real Estate shall have the right to remove any material that
TVLeo.com and TVLeo Real Estate, in its sole discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
19.
INDEMNIFICATION
Member agrees to defend, indemnify and hold harmless
TVLeo.com and TVLeo Real Estate, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of TVLeo.com and TVLeo Real Estate by
Member or Member's Account.
20.
TERMINATION
Either TVLeo.com and TVLeo Real Estate or Member may terminate
this Agreement at any time. Without limiting the foregoing, TVLeo.com and
TVLeo Real Estate shall have the right to immediately terminate Member's Account in the event
of any conduct by Member which TVLeo.com and TVLeo Real Estate, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Member of this
Agreement.
21. PAYMENTS AND REFUND
POLICY
A. Members are charged for Services. If you pay someone
other than us for these Services, then the charges and billing terms are as
stated by the other company or third-party. Even if you do not pay for the some
of the Services, you may still incur charges incidental to using the Services;
for example, charges for Internet access, mobile text messaging, or other data
transmission. The price for the Services will be assessed all applicable taxes
and charges unless stated otherwise. These taxes and charges are your
responsibility. Currency exchange settlements are based on your agreement with
your payment method provider. TVLeo.com and TVLeo Real Estate reserves the right to
change pricing from time to time, but it will be posted on the Website before
you incur any billing. If you do not agree to these changes, then you must
cancel and stop using the Website before the changes take place.
B. When you create an account, you enter your payment
method. You must be authorized to use the payment method. You authorize
TVLeo.com and TVLeo Real Estate to charge you for the Services using your payment method
and for any paid feature of the Services for which you choose to sign-up for.
TVLeo.com and TVLeo Real Estate may bill you for more than one of your prior billing
periods together.
C. TVLeo.com and TVLeo Real Estate will provide you with an
online billing statement accessible online through your Member Account. This is
the only billing statement that TVLeo.com and TVLeo Real Estate provides. If you
request a paper copy, TVLeo.com and TVLeo Real Estate may charge you a retrieval fee.
TVLeo.com and TVLeo Real Estate will only provide paper copies for the past 120 days.
If TVLeo.com and TVLeo Real Estate makes an error on your bill, TVLeo.com and TVLeo Real Estate
will correct it promptly after you tell us and TVLeo.com and TVLeo Real Estate
investigates the charge. You must tell us within 120 days after an error first
appears on your bill. You release us from all liability and claims of loss
resulting from any error that you do not report to us within 120 days after the
error first appears on your online statement. If you do not tell us within this
time, TVLeo.com and TVLeo Real Estate will not be required to correct the error.
TVLeo.com and TVLeo Real Estate can correct billing errors at any time.
D. You may cancel your TVLeo.com membership at
anytime you desire, however there will be no refunds for any charges processed
within 36 hours of your cancellation notice. The act of canceling can be made
via email or using the cancellation form inside the member area, however the act
of canceling does not constitute an automatic cancellation of your billing. If
you cancel after a payment has been processed, there will be no refunds for that
payment. Cancellation requests must contain your name, username and date joined.
If any of this information is missing, the cancellation request may not be
processed and you are liable for all membership fees until TVLeo.com
receives required information. Membership fees are annual for Platinum
membership.
E. TVLeo.com reserves the right to cancel any
member for reasons that it feels are detrimental to the site, its members, its
partners or the future success of itself. Cancellations performed by
TVLeo.com are final and any restitution will be the membership fee paid
within the past 30 days based on a prorated basis less a $50.00 processing
fee.
22. ENTIRE
AGREEMENT
This Agreement and the privacy policy, licenses and any
operating rules for TVLeo.com established by TVLeo.com and TVLeo Real Estate
constitute the entire agreement of the parties and supersede all previous
written or oral agreements between the parties.
23.
ARBITRATION
Each party to this Agreement expressly agrees that all
disputes, claims or controversies that exist or may come to exist between them
including, without limitation, all disputes, claims or controversies that exist
or may arise out of, under or in connection with this Agreement, first to
binding arbitration located in Essex County or Morris County, New Jersey, United States in
accordance with the Commercial Arbitration Procedures of the American
Arbitration Association. The parties agree that judgment upon the arbitration
award will be final, binding and conclusive upon each party and may be entered
into any court having jurisdiction. In the case of action under this Section,
the prevailing party shall be entitled to recover its costs of the proceeding,
including reasonable attorneys' fees and out of pocket expenses.
24. CHOICE OF LAW, VENUE AND
FORUM
The TOS/TOU, the privacy policy, licenses and any
operating rules for TVLeo.com shall be construed in accordance with and
governed by the laws of the United States and the State of New Jersey, without
reference to their rules regarding conflicts of law. You hereby irrevocably
consent to the exclusive jurisdiction of the state or federal courts in Essex or Morris
County, New Jersey, United States in all disputes arising out of or related to
the use of the Website or Services.
25.
SEVERABILITY
If, for whatever reason, a court of competent
jurisdiction finds any term or condition in these Terms of Use to be
unenforceable, all other terms and conditions will remain unaffected and in full
force and effect.
26. WAIVER
No waiver of any breach of any provision of these Terms
of Use shall constitute a waiver of any prior, concurrent, or subsequent breach
of the same or any other provisions hereof, and no waiver shall be effective
unless made in writing and signed by an authorized representative of the waiving
party.
27. HEADINGS
The section headings used herein are for convenience
only and shall not be given any legal importance.
28. COPYRIGHT
All contents of Website or Services are: © 2008
TVLeo.com and TVLeo Real Estate All rights reserved.
29.
TRADEMARKS
TVLeo.com and TVLeo Real Estate its logos are trademarks of
TVLeo Real Estate. All other trademarks, names of actual companies and
products appearing on mentioned herein on the Website are the property of their
respective owners. The example companies, organizations, products, domain
names, email addresses, logos, people and events depicted herein are fictitious.
No association with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
30. NO
LICENSE
Nothing contained on the Website should be understood as
granting you a license to use any of the trademarks, service marks, logos and
the like owned by TVLeo.com and TVLeo Real Estate or by any third
party.
31. NOTICES
Any notices to TVLeo.com and TVLeo Real Estate shall be
given by email to support @ TVLeo.com and by certified mail, return
receipt requested TVLeo Real Estate, 124 Little Falls, Fairfield,NJ
07004, United States, and as may be otherwise directed by TVLeo.com and
TVLeo Real Estate. Any notice to Members shall be sent by email to the email address provided
by the Member. Email notices to a Member shall be deemed delivered twenty-four
(24) hours from the time the email is sent. Notices to TVLeo.com and
TVLeo Real Estate shall be deemed delivered five (5) calendar days after sent by certified
mail.
32. COPYRIGHT INFRINGEMENT
TVLeo.com and TVLeo Real Estate has in place certain legally
mandated procedures regarding allegations of copyright infringement occurring on
the Website or with the Services. TVLeo.com and TVLeo Real Estate have adopted a
policy that provides for the immediate suspension and/or termination of any
Website or Services Member who is found to have infringed on the rights of
TVLeo.com and TVLeo Real Estate or of a third party, or otherwise violated any
intellectual property laws or regulations. TVLeo.com and TVLeo Real Estate policy is
to investigate any allegations of copyright infringement brought to its
attention. If you have evidence, know, or have a good faith belief that your
rights or the rights of a third party have been violated and you want
TVLeo.com and TVLeo Real Estate to delete, edit, or disable the material in question,
you must provide TVLeo.com and TVLeo Real Estate with all of the following information:
(a) a physical or electronic signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed; (b)
identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works; (c) identification of the material that is
claimed to be infringed 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 TVLeo.com and TVLeo Real Estate to locate the material; (d)
information reasonably sufficient to permit TVLeo.com and TVLeo Real Estate to contact
you, such as an address, telephone number, and if available, an electronic mail
address at which you may be contacted; (e) a statement that you have 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 (f) a statement
that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. For this notification to be effective, you
must provide it to the Copyright Infringement Unit, support @ TVLeo.com
and by certified mail, return receipt requested TVLeo Real Estate, 124 Little Falls, Fairfield,NJ
07004, United States.
33.
ACKNOWLEDGEMENT
BY USING THE SERVICES OR ACCESSING THE WEBSITE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY
THEM.
Any rights not expressly granted herein are
reserved.
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