PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Introduction and Agreement.
TVC reserves the right at any time to:
- Change or discontinue the Website, including eliminating or discontinuing any content on or feature of the Website.
- Change any prices or fees appearing on or associated with the Website or for any products or services offered for sale or otherwise available on the Website including catalogs provided through the Website.
- Refuse or cancel any order, at our sole discretion, for any reason.
- Terminate or restrict any account or user for any reason, at our sole discretion.
Certain products, services, or other items may be advertised or offered for sale on or in conjunction with the Website. If you purchase an item, you may be asked by TVC or an applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide TVC or such third party with information that pertains to you, is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. TVC is not responsible for any errors in shipping information provided by you or for a non-secure ship-to location. You are responsible for all activity by and charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes. Any pricing of items is subject to change without notice, and any order is not deemed accepted by us and binding upon us unless and until we ship or deliver the product to you. We may correct at any time, including after shipment, pricing or similar errors, including but not limited to typos or outdated pricing.
We reserve the right, without prior notification, to change the descriptions, images or listings of, or links or references to, products and/or services on the Website (collectively, “Product Offerings”), or to limit the order quantity on any product or service and/or to refuse service to you for any reason.
Discussion Boards, Chats and Other Forums.
TVC may host discussion boards, chats and other forums on the Website. If you participate in any such online community you agree: (a) You will not post, transmit, or link to any material, web sites or other information or content that is libelous, defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech. (b) You may only post, upload or transmit materials (including photos) for which you have the copyright or other permission to distribute electronically citing the original source. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You agree that any materials you post or upload will be owned by you or be in the public domain. (c) You may not intentionally post, create, upload or transmit any software or other material which contains a virus or other harmful code or device. (d) You may not solicit other users, or distribute advertising, for products or services through the Website, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Website. (e) If you choose to post items in public or “chat” portions of the Website, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Website and TVC does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information for any purpose whatsoever. Always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information. (f) You will not post any material that violates any law or regulation. (g) You will not impersonate any other person or use a false identity (the name of some other person) for any reason. (i) Your postings will truthfully reflect your own experiences.
TVC may terminate or restrict your access to any online community, including access through the Website, for any reason.
We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the Website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Website, discussion boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect ourselves, our sponsors, and our other clients and visitors; and to comply with legal obligations or governmental requests.
Registering or Creating an Account
As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately emailing us at email@example.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES), THAT ARE CONDUCTED THROUGH YOUR USERNAME AND PASSWORD.
TVC makes no representation that materials on the Website are appropriate or available for use in all locations throughout the world. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Disclaimer Regarding Links.
You acknowledge and agree that the Website contains proprietary information that is protected by applicable intellectual property and other laws, specifically including but not limited to copyright, trademark, patent law, and that such items are the sole property of TVC or TVC’s licensors (collectively, “TVC Property”).
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), by posting such Materials to any area of the Website you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to TVC shall be fully paid-up and royalty free. In no event, however, shall TVC have any obligation to pay a fee to you in connection with any transfer of TVC’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of TVC, nor shall the sale of advertising on any TVC website, including the Website, give rise to any obligation to pay a fee to you.
None of the Materials disclosed in discussion boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
License and Restrictions on Use.
You may not copy, republish, upload, post, display, transmit, or frame any of the TVC Property without prior written consent from TVC. TVC grants you a limited, nonexclusive, revocable, non-transferable, license to link to, view, download, use, display and print up to five (5) copies of the materials found on the Website only for personal, noncommercial and informational purposes, or for the commercial purpose of making a purchase from TVC, unless otherwise indicated, as long as: (a) you do not alter or modify the materials in any way; (b) you include all applicable copyright, trademark and other notices and disclaimers; and (c) you do not use the materials in a way that suggests an employee, agency, or “authorized” or “approved by” association with TVC or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [current year] The Village Company, LLC.”
You further agree: (d) not to distribute or use TVC Property, including text or graphics, to others except as permitted by the above license without our express prior written consent; (e) not to distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or other use TVC Property without our express prior written permission; (f) not to use the Website including the TVC Property in any way not explicitly permitted by this Agreement; (g) not to take any action intended to interfere with the operation of this Website; (h) not to access or attempt to access any portion of this Website or any related website to which you have not been explicitly granted access; (i) not to directly or indirectly authorize anyone else to take actions prohibited in this section; and (j) to comply with all applicable laws and regulations while using this Website.
Copyright Policy and Allegations of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by TVC and appearing on the Internet, such as on this Website, infringe your copyright rights, you or your agent may send TVC written notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TVC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TVC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue. You may contact us by emailing us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
THE WEBSITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT FOR ANY WARRANTY AS SPECIFICALLY DESCRIBED IN LITERATURE ACCOMPANHYING A PARTICULAR PURCHASED ITEM), EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TVC AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE AND ACCESS TO AND USE OF ANY LINKED WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE WEBSITE , ANY LINKED WEBSITES OR THE SERVER(S) ON WHICH THE WEBSITE AND ANY LINKED WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE WEBSITE AND ANY LINKED WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY.
NEITHER TVC, ITS EMPLOYEES OR AGENTS, NOR ANY THIRD PARTY VENDORS OR COLLABORATORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LOST PROFITS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE WEBSITE, LINKED WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAINED ON THE WEBSITE OR LINKED WEBSITE; (III) STATEMENTS OR CONDUCT ON THE WEBSITE OR ANY LINKED WEBSITE; (IV) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY LINKED WEBSITE OR OTHER CONTENT OR, (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE. TO THE EXTENT ANY LIMITATION OR EXCLUSION IS FOUND TO BE INVALID OR UNENFORCEABLE, TVC’S LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO TVC FOR THE GOODS OR SERVICES PROVIDED BY TVC.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE ADDITIONAL RIGHTS.
While we take reasonable measures to protect the confidentiality of your information, no one can give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information. By submitting information to TVC, you agree that you are aware of these risks. If you do not wish to submit your information electronically, please do not do so, however in such case you may not be able to make use of the full functionality of the Website. You agree that TVC is not responsible for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement.
You agree to comply with applicable third party terms of agreement when using the Website., e.g., you must not be in violation of your Internet service provider or applicable telecommunications agreement when using the Website.
You can contact TVC as follows: