Terms of Use Agreement

This site is owned or managed by AVTV Networks, Inc. (“AVTV”)

AVTV Networks provides this AVTV Networks Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this AVTV Networks Website. Your use of this AVTV Networks Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this AVTV Networks Website. This Agreement sets forth AVTV’s policies with respect to its operation of the AVTV Networks Websites. Other policies govern AVTV’s non-Internet operations.

Certain products or services offered by this and/or other AVTV Networks Websites (each an “AVTV Networks Internet Service,” and collectively “AVTV Networks Internet Services”), and certain areas within this and/or other AVTV Networks Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or AVTV Networks Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY AVTV NETWORKS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY AVTV NETWORKS WEBSITE MAY BE TERMINATED IMMEDIATELY IN AVTV’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Changes to this Agreement

This Agreement is effective as of January 1, 2006. AVTV Networks reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. AVTV Networks will provide notice of such change on this AVTV Networks Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the AVTV Networks Website and/or AVTV Networks Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this AVTV Networks Website and/or the AVTV Networks Internet Service to which the changes may apply.

Privacy and Protection of Personal Information

AVTV Networks has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking the “Privacy Statement” link on our home page at www.AVTVNetworks.com.

Accounts, Security, Passwords

If a particular AVTV Networks Website or AVTV Networks Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify AVTV Networks immediately of any unauthorized use of your account. AVTV Networks is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular AVTV Networks Internet Service.

Fees

Except where otherwise provided, access to and use of this AVTV Networks Website and the AVTV Networks Internet Services offered through this site are currently available without charge. AVTV Networks reserves the right to charge a fee for access to or use of this AVTV Networks Website, or any AVTV Networks Internet Service available on this AVTV Networks Website at any time in the future. Your access to or use of this AVTV Networks Website before such time does not entitle you to use of this AVTV Networks Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS AVTV NETWORKS WEBSITE AND/OR AVTV NETWORKS INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING ENTERTAINMENT CONTENT, SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS AVTV NETWORKS WEBSITE OR AVTV NETWORKS INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. AVTV NETWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVTV NETWORKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AVTV NETWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS AVTV NETWORKS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AVTV NETWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS AVTV NETWORKS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

AVTV NETWORKS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR AVTV NETWORKS INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links

This AVTV Networks Website may contain links to websites operated by third parties. AVTV Networks does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply AVTV’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software Available Through AVTV Website

Any software that is made available to view and/or download in connection with a AVTV Networks Internet Service (“Software”) is owned or controlled by AVTV Networks and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. AVTV Networks accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants

This AVTV Networks Website may enable you to order and receive products, information and services from businesses that are not owned or operated by AVTV. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. AVTV Networks does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. AVTV Networks will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the AVTV Networks Internet Service.

Modification/Termination by AVTV

AVTV Networks reserves the right, in its sole discretion, to modify, suspend, or terminate this AVTV Networks Website and/or any portion thereof, including any AVTV Networks Internet Service, and/or your account, password, or use of any AVTV Networks Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a AVTV Networks Internet Service removes your authorization to use the AVTV Networks Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, AVTV Networks shall not be liable to you or any third-party for any termination of your access to a AVTV Networks Internet Service.

Interactive Services

This AVTV Networks Website may offer certain AVTV Networks Internet Services having interactive components such as bulletin boards, chat rooms and forums (collectively “AVTV Networks Interactive Services”). A copy of the Interactive Service Additional Terms can be found here.

Subscription Services

This AVTV Networks Website may offer certain AVTV Networks Subscription Services such as newsletters (collectively “AVTV Networks Subscription Services”). By registering for an AVTV Networks Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Premium Services

Some AVTV Networks Internet Services on this AVTV Networks Website, including certain AVTV Networks Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“AVTV Networks Premium Service”). By using the AVTV Networks Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

Contests/Sweepstakes

For Additional Terms applying to all contests or sweepstakes conducted by this AVTV Networks Website, refer to this site’s contest or sweepstakes information.

Limitations on Liability

In no event shall AVTV, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the AVTV Networks Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the AVTV Networks Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the AVTV Networks Website or any information, software, products, services, and related graphics obtained through the AVTV Networks Website; (vi) any transactions entered into through this AVTV Networks Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this AVTV Networks Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the AVTV Networks Website and AVTV Networks Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if AVTV Networks has been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend, and hold harmless AVTV, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this AVTV Networks Website and any related AVTV Networks Internet Service and/or software. AVTV Networks reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with AVTV Networks in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this AVTV Networks Website by certain persons in certain countries may not be lawful, and AVTV Networks makes no representation that materials on this AVTV Networks Website are appropriate or available for use in locations outside the United States. If you choose to access this AVTV Networks Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this AVTV Networks Website. No software or any other materials associated with this AVTV Networks Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S.

Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a AVTV Networks Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

The AVTV Networks Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, AVTV Networks logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by AVTV Networks or by other parties that have provided rights thereto to AVTV.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this AVTV Networks Website, in whole or in part, without the express written permission of AVTV.

Other trademarks, service marks, product names and company names or logos appearing on this AVTV Networks Website that are not owned by AVTV Networks may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this AVTV Networks Website, or frame this AVTV Networks Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the AVTV Networks Website in an email for commercial purposes, without the express written permission of AVTV.

You may inquire about obtaining permission by writing:

Yigal M. Marcus
President & Chief Operating Officer
AVTV Networks, Inc.
401 Hackensack Avenue, Third Floor
Hackensack, NJ 07601

Copyright Infringement

AVTV Networks respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this AVTV Networks Website, you are granting permission to have this material posted on this AVTV Networks Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. AVTV Networks reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights AVTV Networks may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Yigal M. Marcus
Office of the President
AVTV Networks, Inc.
401 Hackensack Avenue, Third Floor
Hackensack, NJ 07601
By Email: Yigal.Marcus@AVTVNetworks.com

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AVTV Networks to locate the material.
4. Information reasonably sufficient to permit AVTV Networks to contact the complaining party, such as an address, telephone number, and, if available, an email address.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the AVTV Networks Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the AVTV Networks Interactive Service.

You agree that you will not:

• Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
• Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the AVTV Networks Website, or any postings which advocate illegal activity.
• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
• Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
• Deliver, or provide links to, any postings containing defamatory, false or libelous material.
• Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
• Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
• Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
• Use this AVTV Networks service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the AVTV Networks Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to this AVTV Networks Website, any related website, other accounts, computer system, or networks connected to this AVTV Networks Website, through hacking, password mining, or any other means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this AVTV Networks Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the AVTV Networks Website using your account. Any violation of these provisions can subject your AVTV Networks account to immediate termination and, possibly, further legal action.

AVTV Networks does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a AVTV Networks interactive website by you or other users. AVTV Networks is not obligated to and does not regularly review, monitor, delete, or edit postings. However, AVTV Networks reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. AVTV Networks is not responsible or liable for damages of any kind arising from any postings even when AVTV Networks is advised of the possibility of such damages, or from AVTV’s alteration or deletion of any posting.

The information and opinions expressed in postings on this AVTV Networks Website are not necessarily those of AVTV Networks or its content providers, advertisers, sponsors, affiliated or related entities, and AVTV Networks makes no representations or warranties regarding that information or those opinions. AVTV Networks does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the AVTV Networks Website automatically and immediately become the property of AVTV Networks without any obligation of confidentiality. AVTV Networks shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that AVTV Networks does not retain exclusive ownership of any posting, then you hereby expressly grant to AVTV Networks a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings..

PREMIUM SERVICE ADDITIONAL TERMS

You may register for a AVTV Networks Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the AVTV Networks Premium Service.

Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Charges for Premium Service

AVTV Networks will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

Limited to Personal and Non-Commercial Use

This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

Yigal M. Marcus
Office of the President
AVTV Networks, Inc.
401 Hackensack Avenue, Third Floor
Hackensack, NJ 07601

By Email: Yigal.Marcus@AVTVNetworks.com

Cancellation

You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.

We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.

Modification of these Terms of Use

AVTV Networks may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

Submissions

Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.

Service Contact

You may email your requests for customer service through the contact information provided on the home page of this premium service.

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