Table of Contents
Sweepstakes, Contests, and Promotions
Third Party Content, Links, and Applications
Suspension and Termination
Disclaimer of Warranties
Limitation of Liability
Location and Territorial Restrictions
Additional Terms Regarding Apple App Store
Governing Law and Venue
Changes to Terms
Changes to Services
To access some features of TV Time, you may be required to create an account (“User Account”) and/or connect via a third party platform like Facebook, Google, or Netflix. You must be at least 16 years of age to register for a User Account, and by registering you represent and warrant that you are eligible for a User Account under this provision.
When creating a TV Time account, you agree that all account registration information you submit will be accurate and updated. You are prohibited from choosing a user ID: (a) that is subject to the rights of another person without permission; (b) with the intent to impersonate another person, entity, business or organization; or (c) that is inappropriate, offensive or obscene. We reserve the right to refuse account registration for any reason or no reason.
You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately, as set forth in the Contact Us section below, of any unauthorized use of your account and agree that WNI is not liable for any loss or damage arising from your failure to safeguard your password. To the fullest extent allowed by law, all activity conducted in connection with your User Account will be your responsibility.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in any account stored or hosted on the Service, and you further acknowledge and agree that all rights in and to such accounts are and shall forever be owned by and inure to the benefit of WNI. You may not transfer, share or make available your account information to others. Any distribution by you of your account information may result in suspension, termination or cancellation of your access to the Service.
Except with respect to User Content (defined below), WNI, its licensors, or suppliers own all rights, title and interest in and to all other content, software (including source code), logos, icons, TV Time's "look and feel," text, graphics, images, video clips, sound clips, notices, data, page layout, selection and arrangement of the content at TV Time, the features and functionality of TV Time, and any compilation of the foregoing, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered (collectively, “TV Time Content”). The TV Time Content and the User Content is collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service, or in any way exploit any of the TV Time Content, in whole or in part, except as set forth in these Terms, without the specific permission of WNI or its licensors or suppliers.
Any third party trademarks present on TV Time are trademarks of their respective owners. Any images of persons or personalities contained on TV Time are not an indication or endorsement of WNI or any particular product or WNI's services unless otherwise indicated.
WNI and its licensors and suppliers reserve all rights not expressly granted in and to the TV Time Content.
Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, nontransferable license to:
The foregoing license does not include any right to modify, publish, participate in the transfer or sale of, reproduction, or creation of derivative works from the TV Time Content, except as and only to the extent expressly stated above.
We reserve any and all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to download, install, access and use TV Time comprise a limited license and do not constitute the sale of any software program.
You may have the opportunity to publish, transmit, or otherwise make available (collectively, “Post”) through TV Time certain content, including comments, photos, images, and other material or information (collectively, "User Content"). You are solely responsible for the User Content that you Post on or through TV Time. You acknowledge that other users of the TV Time, and not WNI, are similarly responsible for all User Content they Post using TV Time. You agree that you have no right, title, or interest in or to any Content that you have not Posted that appears on or through TV Time.
WNI does not, and cannot, pre-screen or monitor all User Content. However, our representatives may monitor and/or record your communications when you are on TV Time, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
We are not responsible or liable for any User Content. We have the right, but not the obligation, in our sole discretion, to edit, refuse to post or remove any User Content.
You hereby grant to WNI a non-exclusive, universe-wide, royalty-free, sublicensable, perpetual and irrevocable right and license (including any moral rights) to use, copy, modify, adapt, create derivative works from, distribute, publicly display, publicly perform, publish, and otherwise exploit any User Content provided by you, as well as all modified and derivative works thereof, in whole or in part, in any languages, together (at WNI’s option) with the names and likenesses of any persons identifiable therein, and in any form or media now known or later developed, without any further notice to you, and without any requirement of permission from or payment to you or any other person or entity. To the extent permitted by applicable laws, you hereby waive any moral rights you have in any User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, WNI does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to WNI are included in the above license you grant to WNI for any User Content.
You agree and understand that we are not obligated to post, keep, or use your User Content.
You represent and warrant that you are the owner of all rights, title, and interest in and to the User Content you post (or that such User Content is in the public domain), or otherwise have all rights necessary to grant the license provided for in these Terms, including without limitation that any other holder of any universe-wide intellectual property right, including moral rights (to the extent allowed by applicable law), in the User Content you Post has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further warrant that the User Content you Post is accurate; will not violate the rights of any third party, including without limitation any copyright, property, or privacy right; does not violate these Terms; and will not cause injury to any person or entity.
In the event any User Content you Post on or through TV Time infringes or may, in WNI’s sole judgment, infringe on another's intellectual property or other rights, WNI reserves the right to remove such User Content, which may occur at any time and without prior notice.
As a condition of your use of TV Time, you agree not to use TV Time for any purpose prohibited by these Terms, by applicable law, or in any other manner that we deem objectionable in our sole discretion. You will not, and will not permit or assist any third party to, take any action or Post any User Content on or though TV Time that:
You agree that your User Content and your conduct in using TV Time complies with the foregoing and acknowledge and agree that we have the right to determine whether your User Content is appropriate and complies with these Terms, to remove any of your User Content, and to terminate your account with or without prior notice.
You are solely responsible for your interactions with any other users and third parties with whom you interact. Notwithstanding the foregoing, we reserve the right (but have no obligation) to intercede in any disputes that arise out of those interactions. You agree that WNI is not and will not be responsible for any liability incurred as the result of such interactions. We do not approve, endorse, or make any representations or warranties with respect to User Content. You access and use all User Content and interact with other users at your own risk.
We reserve the right to investigate User Content, as well as violations of these Terms, including by requesting evidence of your rights in and to the User Content. WNI reserves the right to refuse and/or remove any Content, for any reason we deem, in our sole discretion, to be appropriate. By using TV Time, you irrevocably consent to such investigations.
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via TV Time may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
To the fullest extent permitted by law, you agree to indemnify and hold harmless WNI, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the “WNI Parties”) from and against any and all liabilities, claims, damages, taxes, fines, penalties, expenses (including reasonable attorneys' fees and costs), and other losses arising out of or in any way related to (a) your User Content; (b) your breach or alleged breach of these Terms or any applicable laws, rules, or regulations; (c) your use of or inability to use TV Time; or (d) your violation of any rights of another party, including other users. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
We reserve the right to suspend or terminate your access to all or some of TV Time with or without notice if we, in our sole discretion, determine that you are in breach of these Terms or have engaged in conduct that we, in our sole discretion, deem inappropriate.
In the event of suspension or termination by WNI, we may delete or change your password(s) associated with your User Account; delete or change your User Account, including deleting your User Content, history, and favorites; and bar your further use of TV Time, as well as that of anyone sharing your email address or other account credentials. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
All provisions of these Terms which by their nature should survive termination, will survive termination of your access to TV Time, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If your access to TV Time is terminated under these Terms, then you agree that you will not attempt to re-register with or access TV Time through use of a different username or otherwise. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
To the extent permitted by applicable law, your use of TV Time is at your sole risk, and TV Time is provided on an "as is” and “as available” basis, with all faults. We reserve the right to amend errors and update service information at any time without prior notice. WNI expressly disclaims all warranties, representations, and conditions of any kind, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement arising from use of TV Time. Neither WNI nor its suppliers and licensors makes any warranty or guarantee with respect to TV Time’s quality, effectiveness, reputation and other characteristics or that TV Time will meet your requirements; be error free, reliable, or free of viruses and other harmful components; or that access to TV Time will be timely and uninterrupted.
Any Content downloaded from or otherwise accessed through TV Time is accessed at your own risk, and you will be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access TV Time, or any other loss that results from accessing such Content.
To the fullest extent permitted by law, in no event shall the WNI parties, be liable to you for any loss of profits, revenue or data, indirect, incidental, special, or consequential damages arising out of or in connection, directly or indirectly, with (a) your use or misuse of TV Time or any part thereof; (b) any claim that your User Content caused damage to a third party; (c) your breach or alleged breach of any provision of these Terms; (d) your violation of any rights of another, including without limitation any copyright, property, or privacy right; or (e) any User Content you Post through TV Time; (f) any bugs, viruses, trojan horses, or the like, regardless of their origin; (g) any other interaction with TV Time or any other user of TV Time whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not you have been advised of the possibility of such damages. You agree that your only right with respect to any problems or dissatisfaction with TV Time is to discontinue use of TV Time. To the fullest extent permitted by law, in no event will WNI's total liability to you for all damages or losses exceed the greater of (i) the amounts you have paid WNI to use TV Time, or (ii) fifty United States Dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose, but will not apply to liability of a WNI Party for any injury caused by the WNI Party’s fraud or fraudulent misrepresentation.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between WNI and you.
TV Time is not intended for distribution in or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WNI to any registration requirement within such jurisdiction or country.
WNI controls and operates TV Time from offices located in the United States and makes no representations or warranties that the information, products, or services contained in TV Time are appropriate for use or access in other locations. Anyone using or accessing TV Time from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of TV Time and/or the provision of any content, service, or other feature described or available at TV Time to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, service, or other feature that we provide.
Software related to or made available by TV Time may be subject to United States export controls. Therefore, no software from TV Time may be downloaded, exported, or re-exported (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to TV Time, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws, and regulations that are applicable to your use of TV Time, including without limitation those governing your transmission or use of any software or data.
The dispute resolution provisions of this Section 12 are voluntary for residents of countries other than the United States. If you are a U.S. resident, the provisions of this Section 12 are binding.
We may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to Post User Content to TV Time, receive messages from TV Time (including, without limitation, push messages), download applications to your mobile phone or access TV Time features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify us of any changes to or deactivation of your mobile number and update your User Account to reflect this change.
The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):
These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles, except to the extent that terms of service are affected by mandatory provisions of applicable law such as national implementations of the European Union Electronic Commerce Directive, Directive 2000/31/EC of the European Parliament and of the Council.
With respect to non-US residents who do not elect to participate in the dispute resolution provisions of Section 12, Disputes will be decided by a court of competent jurisdiction within your country of residence.
Except as otherwise provided in these Terms, you and WNI may litigate in the courts of Los Angeles, California to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute between US residents and WNI not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Los Angeles, California, and you and WNI agree to submit to the personal jurisdiction of that court.
To the extent allowed by applicable law, we reserve the right to update these Terms for any reason at any time without prior notice. When we make changes, the new Terms will be made available through TV Time. We may also provide notice to you in other ways, such as through contact information you have provided. However, it is your sole responsibility to review the Terms from time to time to view any such changes. Your continued use of TV Time after the effective date of the revised Terms or engaging in such other conduct as we may reasonably specify, constitutes your agreement to our revisions to these Terms to the fullest extent allowed by applicable law. If you disagree with any of our changes, you should discontinue your use of the Service.
We are constantly updating TV Time, and that means we may modify, suspend, or discontinue any aspect of the services we offer through TV Time at any time for any reason, with or without notice to you, including the availability of TV Time in whole or in part.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law, and the remaining portions will remain in full force and effect.
Any failure on the part of WNI to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.
WNI will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms represent the final, complete, and exclusive statement of the agreement between us with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter. As used in these Terms, "including" means "including without limitation."
If you have questions about these Terms, please email us at firstname.lastname@example.org or write to us at Whip Networks, Inc., 1841 Centinela Ave., Santa Monica, CA 90404.