If you do not agree to any of this Agreement or Term of Use or any changes to this Agreement or Term of Use, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.
SUMMARY OF SERVICE
www.tin.tv is a website where viewers and users of the Service (collectively, “Users”) see the schedule television shows, mark them as preferable. Through the Site, email, websites, and other media, the Service makes accessible various types of content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content or Submit choice of Content. “User Submissions” means any Content Submitted by Users including choice of Content.
ACCEPTANCE OF TERMS
The Company reserves the right, at its sole and absolute discretion, to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
The Service is available only to individuals who are at least 18 years old (and at least the legal age in your jurisdiction). You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract, and that all registration information you submit is accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in those jurisdictions.
The Company may impose amount limitations on transactions which a certain User is a party to. The Site may also impose limitations on the net amount an individual may expend in connection with the Site in any calendar month; and reserves the right to change these amount limitations at any time.
RULES AND CONDUCT
infringes any patent, trademark, trade secret, copyright, service mark, logo, slogan, right of publicity, or other right of any other person or entity, or violates any law or contract; you know is false, misleading, or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; is or can be considered as unauthorized solicitation of investments; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of the Company.
You represent and warrant that no Content that you Submit violates the foregoing. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
You agree to not abuse other Users’ personal information or User’s content or User choices.
You shall not use as a details, domain name, any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene.
The Company reserves the right in its sole discretion to refuse registration of any User or cancel any details provided by Users. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site.
You shall never use another User account without the other User’s express permission. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Site does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
CONTENT AND LICENSE
You agree that the Service contains Content provided by the Company and its partners and Users and that the Content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
The Company does not grant any User the right of reproduction, modification, distribution, or storage of any Content for any use whatsoever. Any of the foregoing is strictly prohibited without prior written permission from the Company, or from the copyright holder. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third-party right.
By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:
The Company will remove infringing materials in accordance with the applicable law if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company by submitting a notification at email@example.com . Any notice alleging copyright violation on the Site must contain information as required by law. If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company in writing by emailing us at firstname.lastname@example.org. Your counter-notice must contain information as required by law. If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. Any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability under law. The Company may, in appropriate circumstances, terminating User accounts that are infringers of the intellectual property rights of others. The Company may terminate User accounts even based on a single infringement if such termination is appropriate in the sole discretion of the Company.
The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no duty to take any action regarding any of the following: which Users gain access to the Site; what Content Users access through the Site; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content.
The Company cannot guarantee the authenticity of any data or information that Users provide about themselves or their choices. You release the Company from all liability for having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
The Company makes no representations concerning any Content on the Site, and the Company is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service.
The Company does not guarantee that any Content will be made available through the Service. The Company has no obligation to monitor the Service or Content. The Company reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend any Content; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. The Company reserves the right not to comment on the reasons for any of these actions.
The Company, and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Your use of the Service is solely at your own risk.
The Site and Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
The Company makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defenses.
LIMITATION OF LIABILITY
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any damages in excess of (in the aggregate) one hundred U.S. dollars ($100.00). Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Accessing the Service is prohibited from territories where the Content or Services are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
ELECTRONIC DELIVERY, NOTICE POLICY, AND YOUR CONSENT
By using the Services, you consent to receive from the Company all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, “Contract Notices”) electronically. The Company may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services, however such withdrawal will not apply to Contract Notices relating to using the Service or the Site prior to the date of withdrawal.
These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law, and without application of the United Nations Convention of Controls for International Sale of Goods.
You agree that the Site shall be deemed a passive website and therefore, the Services provided by the Company through the Site or otherwise, shall not give rise to personal jurisdiction over the Company or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Israel.
You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state of Israel, in the competent courts of Tel-Aviv-Jaffa and you hereby consent and submit to the exclusive jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
INTEGRATION AND SEVERABILITY