Digital Millennium Copyright Act
COURT TV TERMS OF SERVICE
END-USER LICENSE OR PURCHASE AGREEMENT FOR COURT TV
IMPORTANT-READ CAREFULLY: This End-User License or Purchase Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Court TV for the use, licensing, or purchase of subscription online services and/or products described below. By subscribing to, using, or purchasing these online services or products, you agree to be bound by the terms set forth below. If you do not agree to these terms, do not subscribe to, use, or purchase these online services or products.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING COURT TV'S WEBSITES. YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON OR FROM COURT TV'S WEBSITES CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
1. Acceptance of Terms
Welcome to Court TV Online, provided by the Courtroom Television Network LLC ("Court TV"). Court TV provides various services or products subject to the following Terms of Service ("TOS" or "Terms"), which may be updated by us from time to time without advance notice to you. Court TV reserves the right to alter these Terms of Service without advance notice by posting revised Terms.
These TOS apply to all of Court TV’s current and future websites, unless otherwise provided, including but not limited to, the following sites: www.courttv.com, www.thesmokinggun.com, www.crimelibrary.com, www.wmob.com and www.courttv.com/extra. In addition, when using particular services provided by Court TV, you shall be subject to any additional posted terms, guidelines or rules applicable to such services. All such terms, guidelines or rules are hereby incorporated by reference into the TOS.
For any portion of the Web sites that requires a user Account and/or password ("Account"), whether free of charge or for a fee, you are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
Court TV shall have the right at any time to change or discontinue any aspect or feature of Court TV Online, including, but not limited to, content, hours of availability, and equipment needed for access or use.
"Account" has the definition above.
"Court TV Online", "Court TV's Web sites” or “Web sites” mean, collectively, Court TV and its affi lia te Web sites, present and any future sites, including but not limited to: www.courttv.com, www.thesmokinggun.com, www.crimelibrary.com, www.wmob.com, www.courttv.com/extra and any and all on-line services operated by Court TV on the World Wide Web of the Internet (the "Web"), including any and all information and material provided by Court TV Online.
"You" means the user or visitor to Court TV Online.
"Terms of Service" means the current terms of service in effect, from time to time, as set forth herein or elsewhere on Court TV Online, including Terms and Conditions for Court TV’s Subscription Services.
3. Changed Terms.
Court TV Online shall have the right, but not the obligation, to monitor the content of Court TV Online, including chat rooms and forums, to determine compliance with these Terms. Court TV shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Court TV Online. Without limiting the foregoing, Court TV shall have the right to remove any material that Court TV, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. In addition, Court TV Online will share personally identifiable information with governmental authorities and will respond to civil subpoenas when legally required or authorized to do so.
The decision by Court TV to monitor and/or modify the content of Court TV Online does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Court TV in connection with or arising from use by you of Court TV Online or participation in such features of Court TV Online as message boards, forums, chats, other interactive content, or fee based content.
5. Disclaimer of Warranty; Limitation of Liability
(A) You expressly agree that use of Court TV Online is at your sole risk. Neither Court TV, its affiliates nor any of their respective employees, or agents warrant that Court TV Online will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Court TV Online, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Court TV Online.
(B) Court TV Online is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Court TV is not liable for the defamatory, offensive or illegal conduct of other users or visitors of Court TV Online or third parties and that the risk of injury from the foregoing rests entirely with you.
(D) In no event will Court TV Online, or any person or entity involved in creating, producing or distributing Court TV Online, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Court TV Online. You hereby acknowledge that the provisions of this Section 5 shall apply to all content on Court TV Online.
(E) In addition to the terms set forth above, neither Court TV Online, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within Court TV Online, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature including, but not limited to, lost profits, punitive or consequential damages. Neither Court TV Online, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
6. Copyrighted Material.
(A) Court TV Online contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Court TV Online are copyrighted as a collective work under the United States copyright laws. Court TV owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, license, participate in the transfer, licensing or sale, create derivative works, or in any way exploit any of the content, copyrights, trademarks, or other property interests therein, in whole or in part. When authorized by Court TV, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, licensing, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Court TV and the copyright owner, or owner of any other legal interests therein. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademarks legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at: http://lcweb.loc.gov/copyright/.
(B) Court TV Online may publish material provided to Court TV by The Associated Press ("AP"). AP text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
(C) Court TV is, from time to time, a distributor (and not a publisher) of content supplied by third parties other than AP and users of Court TV Online. Accordingly, Court TV has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, you or any other user of Court TV Online, are those of the respective author(s) or distributor(s) and not of Court TV. Neither Court TV Online nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Court TV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Court TV Online by anyone other than authorized Court TV employees acting in their official capacities. Under no circumstances shall Court TV Online be liable for any loss or damage caused by your reliance on information, opinion, advice or other content available through Court TV Online.
(D) Court TV may from time to time contract with third parties to provide content that is published on Court TV Online. Court TV reserves the right to publish and maintain copyright on any such material except where otherwise individually noted. Unless indicated to the contrary, third parties shall retain responsibility and liability for any material provided to Court TV for publication.
(E) You shall not upload, post or otherwise make available on Court TV Online any material protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Court TV Online, you automatically grant, or warrant that the owner of such material has expressly granted Court TV the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use. You hereby grant Court TV the right to edit, copy, publish and distribute any such material made available on Court TV Online by you.
(F) If you believe you have a claim of copyright infringement with respect to material that is posted on Court TV's websites, you may give Court TV written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 as explained below: http://www.courttv.com/copyright/#copyright.
7. Conduct on Court TV Online.
(A) If you participate in any chat room, bulletin board or any other forum or similar service within or in connection with Court TV Online, you agree to abide by the following rules of conduct:
- You agree not to post or transmit through Court TV any material that violates or infringes in any way upon the rights of others, including any statements which may defame, abuse, harass or threaten others;
- You agree not to post or transmit through Court TV any bigoted, hateful or racially offensive statements;
- You agree not to post or transmit through Court TV any statements that advocate illegal activity or discuss illegal activities with the intent to commit them;
- You agree not to post or transmit through Court TV any material that infringes and/or violates any right of a third party or any law, engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to post or transmit through Court TV any vulgar, obscene, discourteous or indecent language or images;
- You agree not to post or transmit through Court TV, without Court TV's express prior approval, material which contains advertising or any solicitation with respect to products or services, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Court TV Online;
- You agree not to post or transmit through Court TV, any software or other materials which contain a virus or other harmful component;
- You agree not to post or transmit through Court TV material or statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
- You agree not to upload, post, or otherwise make available on Court TV websites any material protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. Any person determined by Court TV, in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Court TV's Web sites;
- You agree not to impersonate any person or entity, including, but not limited to, any Court TV employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about Court TV users;
- You agree not to interfere with or disrupt the Court TV Web sites or servers or networks connected to the Web sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Web sites;
- You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Court TV's Web sites, use of the Web sites, or access to the Web sites.
Any conduct that in Court TV's sole discretion restricts or inhibits anyone else from using or enjoying Court TV Online will not be permitted. Court TV reserves the right to remove or edit messages or material submitted by you. Court TV is not responsible for material submitted to Court TV Online or posted in chat rooms, on bulletin boards or on other forums by users of Court TV Online.
(B) The foregoing provisions of this Section 7 are for the benefit of Court TV, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
8. Fees and Payments.
Court TV reserves the right at any time to charge fees for access to portions of Court TV Online or the Court TV Web sites as a whole. If at any time Court TV requires a fee for portions of Court TV Online that are now free (e.g., a domestic subscription fee), Court TV Online will give users advance notice of such fees and the opportunity to cancel any existing Account before such charges are imposed. All new fees, if any, will be clearly posted on appropriate locations on Court TV Online. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through Court TV Online by Court TV or by any other vendor or service provider. All fees and charges shall be billed to You and paid by You. You shall pay all applicable taxes relating to use of the Court TV Web sites through your Account. Your right to use Court TV Online is subject to any limits established by Court TV in its sole discretion.
9. Third-Party Links, Sponsors and Frames.
(A) Court TV Online may provide links to other World Wide Web sites or resources. Because Court TV has no control over such sites and resources, you acknowledge and agree that Court TV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Court TV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You should direct any concerns regarding any external resource to the proprietor(s) of that site.
(B) Court TV Online may contain commercial images and/or links to sponsors of Court TV Online. Court TV is not responsible or liable for the content of those images and/or links.
(C) No third party may use framing technologies or functionalities to contain any content provided by Court TV Online, for purposes either commercial or non-commercial, without express prior and written consent from Court TV.
(D) No third party may provide links to any content within Court TV Online without the express prior written consent from Court TV.
You agree that Court TV, in its sole discretion, may terminate your Account, password, and User Name and/or use of the Web sites, and may remove and discard any content within the Court TV Web sites, for any reason, including, without limitation, if Court TV believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Web sites under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Court TV may immediately deactivate or delete your Account, password, and User Name and all related information and files associated with it and/or bar any further access to such files or the Web sites. Further, you agree that Court TV shall not be lia ble to you or any third-party for any termination of your access to the Web sites. The provisions of Sections 5, 6, 9(C), 9(D), 11 and 12 and this Section 10, shall survive termination of these Terms.
You agree to defend, indemnify and hold harmless Court TV, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Court TV Online by you or your Account by you or any other person using the Account. Court TV reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Court TV with such cooperation as is reasonably requested by Court TV.
"Courtroom Television Network", "Court TV” and the Court TV logo, are registered service marks of Courtroom Television Network LLC. All rights reserved. All other trademarks, logos and service marks appearing on Court TV Online are the property of Court TV or their respective owners.
These Terms of Service and any operating rules for Court TV Online established by Court TV constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. These Terms shall be construed in accordance with the laws of the State of New York , without regard to its conflict of laws rules. If you access Court TV Online from any location other than the United States , you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.
We at Court TV understand that your privacy is important to you, and therefore it is important to Court TV and its affiliate Web sites, which include, but are not limited to: www.courttv.com, www.thesmokinggun.com, www.crimelibrary.com, www.wmob.com and www.courttv.com/extra, (collectively "Court TV Online" or "Court TV's Web sites").
Types of Information We Collect and How We Use It
Personally Identifiable Information
You may visit Court TV's Web sites and use of some services of Court TV Online without registering and without providing personal information. However, at times you may be asked to voluntarily provide personally identifiable information, such as when registering for a Court TV Online-run sweepstakes or contest, for participation in optional Court TV Online community activities such as chat or bulletin boards, when subscribing to Court TV Online newsletters, or in response to your request for information. Use of Court TV Online's activities are subject to Court TV's Terms of Service and any additional terms contained on any particular Court TV Website. Personally identifiable information may include your name, phone number, address, social security number, email address, credit or debit card account or other reference number and other information by which you can be personally identified. All personally identifiable information we collect is stored on limited access servers and is used to provide services to you. Court TV Online does not knowingly collect personally identifiable information from children under the age of 13.
Court TV Online also may use personally identifiable information to enforce our Terms of Service Policy, available at, http://www.courttv.com/copyright/ but only to the extent necessary.
We may analyze personally identifiable information in order to improve our Web sites and services. We also may compile information about you and other users of Court TV Online ("aggregate information") and provide this non-personally identifiable, aggregate information to third parties for market analysis and other purposes.
Web Site Usage Information
Our Web servers automatically collect Web Site Usage Information from you when you visit our Web Site, including browser type, IP Address, and time of visit to Court TV's Web sites. Court TV Online does not consider Web Site Usage Information to be personally identifiable information. Web Site Usage Information describes how our Web site is used and navigated, including the number and frequency of visitors to each Web page, and the length of their stays.
Like most Web sites, Court TV Online makes use of browser "cookies." Cookies are files written to a user's hard disk and read by our server or other computer programs. They allow our servers to determine how recently a browser has visited our sites, and to retain some information about actions and selections on our sites. Court TV Online may use this technology in order to provide a more personal experience at Court TV's Web sites. If you do not want to have cookies written to your hard drive, your Web browser software should contain a feature that allows you to accept or decline them. However, if you opt to decline our cookies, we cannot guarantee we will be able to provide the same user experience we would if you were to accept them.
Court TV Online Security
Court TV Online uses commercially reasonable efforts to keep your information secure, such as limiting access to servers which contain personal information, and maintaining adequate safeguards for the integrity of Court TV's Web sites. Court TV employs industry best practices to ensure the security of personal information. However, Court TV cannot ensure or warrant the security of any information that users transmit willingly to Court TV Online. Users must transmit information at their own risk.
Third Party Ad Server
Links to Other Web Sites
Choices at Court TV, and Contacting Us
Compliance with the Digital Millennium Copyright Act of 1998
Court TV is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, Court TV is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 (“DMCA”) concerning notice of claimed online copyright infringement. Court TV is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters.
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Upon receipt of properly filed complaints satisfying the requirements of the DMCA, Court TV will remove or block access to the allegedly infringing material posted by third party users of the Court TV websites. If a Court TV user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. Court TV will not be a party to such disputes over alleged copyright infringement.
Notification of Claimed Copyright Infringement. If you believe in good faith that information posted by a user on Court TV Online violates your rights under U.S. copyright law, click here.
Responding to a Claim of Copyright Infringement. If you receive a notice of copyright infringement for material you have posted on a Court TV website, click here.
More information on U.S. copyright law can be found at the following websites:
· The Copyright Act, Title 17 of the U.S. Code
· U.S. Copyright Office
If you believe in good faith that information posted by a user on Court TV Online violates your rights under U.S. copyright law, you may notify Court TV in the manner described below. You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 ("DMCA"), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
Notice and Procedure for Making Claims of Copyright Infringement regarding Materials on Court TV Online
You may give Court TV written notification of your claim in accordance with the requirements of the Digital Millennium Copyright Act of 1998 as provided in the DMCA and summarized below.
- Written notification of your claim must be submitted to the following Designated Agent to Receive Notification of Claimed Infringement:
Name: Tom Fitzharris
Address: Courtroom Television Network LLC, 600 3rd Avenue , New York , NY 10016 .
Telephone Number: (212) 973-3227
FAX Number: (212) 692-7855
E-mail Address: email@example.com.
- To be effective, the notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit Court TV to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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; and
- 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.
- Upon receipt of the written notification containing the information as outlined in paragraphs 1) through 6) above:
- Court TV shall remove or disable access to the material that is alleged to be infringing and shall forward the written notification to such alleged infringer;
- Court TV shall take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
- Counter Notification.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Court TV's Designated Agent.
To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
- The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which Court TV may be found, and that the person will accept service of process from the complaining party or an agent of such person.
- Upon receipt of a counter notification containing the information as outlined in paragraphs 1) through 4) above:
- Court TV shall promptly provide the complaining party with a copy of the Counter Notification; and
- Court TV shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days.
Court TV shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Court TV's Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on Court TV's Web sites.
TERMS AND CONDITIONS FOR COURT TV’S CRIME LIBRARY PREMIUM CONTENT
IMPORTANT -- READ CAREFULLY: These Terms and Conditions for Court TV’s Crime Library Premium Content ("Agreement") constitute a legal agreement between you (either an individual or an entity) and Court TV and its suppliers and licensors for the Crime Library Premium Content ("Services"). The Services include support and access to premium content as described. You may only receive the Services if you purchase access to the Services with a valid, authorized credit card on file with Court TV. By clicking on the "Accept" button or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE "ACCEPT" BUTTON AND DO NOT PURCHASE OR USE THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
COURT TV’S TERMS OF SERVICE AT http://www.courttv.com/copyright/, WHICH APPLY TO ALL OF COURT TV’S WEBSITES, ARE HEREBY INCORPORATED BY REFERENCE. THE TERMS OF SERVICE AND THESE TERMS AND CONDITIONS MAY BE AMENDED AT ANY TIME BY COURT TV WITHOUT ADVANCE NOTICE TO YOU. THESE TERMS AND CONDITIONS SHALL CONTROL SUB SCRIPTION SERVICES IN THE EVENT OF ANY CONFLICT WITH THE REFERENCED TERMS OF SERVICE.
THE SERVICES MAY BE PROVIDED TO YOU ON A FREE OR TRIAL BASIS AT THE SOLE DISCRETION OF COURT TV.
1. PAYMENT & SERVICES.
You agree to pay Court TV a one-time service charge for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. You authorize Court TV or its affi liates to bill the charge card you provide at the time of the purchase, or withdraw funds via electronic transfer from your checking account (depending on what type of charge card you are using) ALL PAYMENTS ARE COMPLETELY NON-REFUNDABLE. You agree to provide Court TV with a valid credit card or debit card and accurate, complete and updated information required by the registration form. Failure to comply may result in the immediate termination of the Services.
Court TV will assess an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge if your payment is more than 30 days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Court TV may incur in its efforts to collect any remaining balances from you. You agree to notify Court TV about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Court TV’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive: (1) premium Content (as defined below); and (2) Court TV support services as described in the My Account area of the Services. You understand that all information, audio, video, musical compositions, multimedia presentations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively, "Content") provided in conjunction with the Services are or may be proprietary to Court TV or third parties. You understand that by using the Service and accessing the Content, you may be exposed to Content that you may find objectionable; it is your responsibility to determine which Content meets your standards. UNDER NO CIRCUMSTANCES WILL COURT TV BE LIABLE IN ANY WAY FOR ANY CONTENT THAT YOU HAVE ACCESS TO DURING YOUR SUBSCRIPTION PERIOD, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED AS PART OF THE SERVICE.
2. COURT TV'S RIGHT TO TERMINATE OR MODIFY SERVICES
Court TV may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. Court TV may provide notice by e-mail or by publishing the changes on its website.
3. SERVICE USE RESTRICTIONS.
a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, license, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.
b) You may only use the Services and Content for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application. All Content, including but not limited to Content that is streamed, downloaded or copied using the Services, is protected by the U.S. copyright laws and related laws of other jurisdictions, and are for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Content outside your normal circle of family and social acquaintances.
c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, any Content, Service or file. The Service embodies a copy management system required by the laws of the United States, and you may not circumvent or attempt to circumvent this system by any means.
d) In addition to any other remedies available in equity or law to Court TV and Court TV’s Content suppliers, failure to comply with any of the terms and conditions in this Section 4 "Service Use Restrictions" shall immediately terminate your license to the Content and the Services.
4. PERSONAL INFORMATION AND PRIVACY
You are responsible for maintaining the confidentiality of your password and account information. You are responsible for all activities that occur in your account and you agree to notify Court TV immediately of any unauthorized account use. Court TV is in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
5. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available from time to time, Court TV will send you e-mail describing the latest Content and how to get access to the Content. You agree that as a Service subscriber, Court TV may send you such e-mail to the address you provide. Because this e-mail is necessary for you to receive the Services, you will receive this e-mail even if you have opted out of receiving other e-mail from Court TV. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement, or opt out of the Court TV Service e-mail as provided in each e-mail.
Title, ownership, rights, and intellectual property rights in and to the Services shall remain in Court TV and/or its suppliers. The Services and Content are protected by the copyright, trademark, patent, or other laws of the United States and other countries, and by international copyright or other treaties. Title, ownership rights and intellectual property rights in and to the Content accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.
7. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.
THE SERVICES AND CONTENT ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COURT TV FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COURT TV BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF COURT TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COURT TV'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COURT TV DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH COURT TV.
The Services are intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, trademark, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record, play back and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Court TV, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Court TV) in connection with the Content in violation of another party's rights or in violation of any law, or (ii) violated any terms of this Agreement. If you are importing the Content from the United States, you shall indemnify and hold Court TV harmless from and against any import and export duties or other claims arising from such importation.
9. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without Court TV’s express written consent.
a) Arbitration and Jurisdiction. Section 2 above provides that your only remedy with respect to any dispute with Court TV is to cancel your Service. In the event that this limitation of remedies and liability is determined to be inapplicable with respect to any dispute or claim, then you and Court TV agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement or Services, or your use of the Services or Content shall be final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). The arbitration shall take place in the State and City of New York. To the fullest extent permitted by law: no arbitration under this Agreement shall be joined to any other arbitration, including any arbitration involving any other current or former licensee of Court TV; no class arbitration proceedings shall be permitted; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Court TV); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Court TV). Your arbitration fees and your share of arbitrator compensation will be limited to those set forth in the AAA's Consumer Rules with the remainder paid by Court TV. If such costs are determined to be excessive, Court TV will pay all arbitration fees and arbitrator compensation. You and Court TV may litigate in court only to compel arbitration under this Agreement, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator(s). You and Court TV hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State and City of New York to enforce the provisions of this Section 11 and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or Services or your use of the Services or Content. The court, not the arbitrator, shall determine arbitrability and enforce the arbitration agreements contained herein, including the prohibition on consolidated arbitrations and class arbitration. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement or Services or your use of the Services or Content shall be governed by the laws of the State of New York and the Federal Arbitration Act.
b) Complete Agreement. This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Court TV or not. The acceptance of any subscription or purchase order you place is expressly made conditional on your consent to the terms set forth herein. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Court TV. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
c) These Terms and Conditions may be amended at any time by Court TV by posting amended terms without prior notice to you. Any subsequent use of the Services by you shall be subject to the amended Terms and Conditions.
These Terms and Conditions were last modified on May 1, 2005.
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