This Agreement was last revised on November 7, 2013.

Welcome to tnvtv.info, the website and services of TNV Entertainment ("Indiegogo", "we", “our” or "us"). By accessing or using our Website, services and TNV Content provided through or in connection with the services provided by our Website (collectively, "Service"), you, as a User or Member, signify that you have read, understood, and agree to be bound by these Terms of Use ("Agreement"), the Privacy Policy posted below along with all other operating rules, policies and procedures and additional terms and conditions published on our Website (which are incorporated by reference), and you are at least 18 years old. Capitalized terms are defined in this Agreement.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of this Agreement or any changes to this Agreement, do not use or access (or continue to access) the Service or discontinue immediately any use of the Service.

 

 

We are an open platform. You understand and acknowledge that you may be exposed to Member Content that may be inaccurate, offensive, indecent, or objectionable. Member Content should not be viewed as being an endorsement or opinion shared by TNV Entertainment. You agree that TNV Entertainment is not liable for any damages or losses resulting from such Member Content.

 

 

 

Eligibility

You may use our Services if:

1. You are 18 years or older or under with parental or legal guardian consent and supervision.

 

 

By way of example, and not limitation, your promise means you will not use the TNVTV Service:

1. To offer, sell or distribute:

   1. Controlled substances (such as steroids, narcotics, tobacco products, prescription drugs, marijuana), medical devices or products or services presenting a risk to consumer safety

   2. Drug paraphernalia

   3. Bullying, harassing, obscene or pornographic items, sexually oriented or explicit materials or services

   4. Stocks, bonds or other securities, real estate, insurance or banking or financial services

   5. Guns, ammunition, firearms, knives, weapons or accessories regulated by law

   6. Items promoting hate, personal injury, death, damage or destruction to property

   7. Items infringing or violating others’ Intellectual Property Rights, privacy rights or proprietary rights or wrongfully disclosing confidential information

2. To engage in, or encourage, promote, facilitate or instruct others to engage in, activities which are illegal or, in our judgment and discretion, result in:

   1. Infringing or violating others’ Intellectual Property Rights and/or privacy rights or wrongfully disclosing or using confidential information

   2. Promoting terrorism, abuse, libel, hate, personal injury, property damage, violence, racial intolerance or financial exploitation

   3. Causing risk of or actual personal injury or tangible or intangible property damage

   4. Defaming an individual or entity

   5. A betting, wagering, lottery, raffle, sweepstakes, pyramid, Ponzi or similar scheme or game or contest of chance

   6. Unauthorized self-promotion

   7. Use of our widgets on sites containing content which is contrary to or violates this Agreement

3. To:

   1. Harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent

   2. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the infrastructure or otherwise may be disruptive including but not limited to “flooding” any group with posts

   3. Upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment

   4. SPAM or use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the TNV servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser

   5. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service or otherwise interfere with the proper working of the Service or bypass measures to prevent or restrict access to the Service

   6. Impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity

 

You agree that we are only acting as a passive conduit for your online distribution and publication of your TNVTV Content without any obligation to monitor Member Content or disputes between Users or Members. You are responsible for protecting yourself from Member Content or TNV Content which is offensive or harmful.

 

Notwithstanding the foregoing, you acknowledge and agree that TNV Ent. may, but is not obligated, in its sole discretion and judgment, to:

1. verify your use at any time as a User or Member

2. permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to or use of the Service or your account(s) or to remove any Member Content, Posts or other content or block any individual or entity for any reason (or no reason at all)

3. delay or withhold the payment of or reverse or refund any Contributions or other amounts

 

All without notice and without liability for any damages and without necessarily consulting any other parties. Upon termination for any reason, you continue to be bound by this Agreement.

 

You represent and warrant:

1. You are the owner of (or have all the rights and permission required to use) all the Intellectual Property Rights in the Content that you put on TNTV or as reasonably contemplated by TNV's use of such Member Content and have the written consent of each and every identifiable natural person in the Member Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement. Each person has released you from any liability that may arise in relation to such use.

2. The Member Content, use of the Member Content with the Services and TNV's use of such Member Content will not infringe any Intellectual Property Rights, proprietary rights, privacy rights, confidentiality and rights of publicity or otherwise violate this Agreement.

 

License Grant of Member Content and Feedback

 

By posting any Member Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to TNV Ent. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.

 

 

License Grant to Use Service: TNVTV

You understand and acknowledge that your use of the Service (including, without limitation, TNV’s Content) is a privilege and not a right. Subject to this Agreement, TNV Ent. grants you a non-exclusive, limited, personal license to use the Service in accordance with this Agreement. You agree you will (and will ensure others):

1. Use the Service or TNV Content in strict compliance with this Agreement     

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

 

 

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, TNV ENT., ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE INDIEGOGO OR MEMBER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS INCLUDING ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): TNV ENT. MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OUR WEBSITE OR ANY WEBSITE LINKED TO OUR WEBSITE. TNV ENT. is not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by our Website, or otherwise connected with your use of the Service.

 

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

 

Limitation of Liability

Users and Members agree not to involve TNV ENT. in any litigation that occurs due to using the Services or website. TNV ENT. will not be held liable for any loss or damage due to failure to comply with the terms of this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TNV ENT. (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF CONTRIBUTIONS, PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR THE COSTS OF COVER OR PROCURING SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION. ANY DAMAGES RESULTING FROM OR RELATING TO: (a) TERMINATION, (b) THE USE OF, OR INABILITY TO USE, THIS SERVICE OR TNV CONTENT (INCLUDING ERRORS, MISTAKES, INACCURACIES OF OR THE INFRINGEMENT BY INDIEGOGO OR MEMBER CONTENT), (c) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE INCLUDING UNAUTHORIZED USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN, OR (d) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, MEMBER OR OTHER THIRD PARTY.

IN ANY EVENT, TNV ENT. SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNTS YOU PAID TO TNV.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INDIEGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

1. death or personal injury caused by our negligence or that of any of its officers, employees or agents;

2. fraudulent misrepresentation or intentional misconduct; or

3. any liability which it is not lawful to exclude either now or in the future.

 

The Service is controlled and operated from its facilities in the United States. Indiegogo makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.

 

 

 

General

 

1. Termination. We may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website. Any fees paid to TNV ENT. are non-refundable. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Massachusetts; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Indiegogo, either specific or general, in jurisdictions other than Massachusetts. This Agreement shall be governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. Any claim or dispute between you and TNV ENT. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of Boston, Massachusetts.

3. English Language. As a courtesy and convenience only, this Agreement may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

4. Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct. When requested, TNV ENT. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or Website.

5. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by TNV ENT. via the Service, shall constitute the entire agreement between you and TNV concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

 

 

Please contact us at tnvbookings@aol.com with any questions regarding this Agreement.