(B) Changes to Terms of Service. HBTV may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. HBTV may change or discontinue any aspect, service or feature of Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of Site and all charges related to the same.
2. Community Guidelines & User Content
(A) Interactive Areas. Site may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on Site, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and HBTV.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with Site, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity, or the use of aggravating techniques or characters, such as the use of all capitals, or excessive use of icons, or the use of statements that are not true, or the use of multiple posts in attempt to dominate a conversation thread;
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without HBTV's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any HBTV 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 Site users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• 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;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of Site, use of Site, or access to Site;
• You agree not to upload, post, or otherwise transmit any User Content 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. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by HBTV, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on Site;
• You agree that, if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by Site;
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by HBTV.
Any conduct that in HBTV’s sole discretion restricts or inhibits anyone else from using or enjoying Site will not be permitted. HBTV reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. HBTV is not responsible for User Content submitted to Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of Site.
(C) Monitoring. HBTV shall have the right, but not the obligation, to monitor User Content posted or uploaded to Site to determine compliance with these Terms of Service and any operating rules established by HBTV and to satisfy any law, regulation, or authorized government request. Although HBTV has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to Site, HBTV reserves the right, and has absolute discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to Site, you automatically grant HBTV the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant HBTV the right to pursue at law any person or entity that violates your or HBTV's rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by HBTV or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release HBTV, and its licensees, successors, and assigns, from any claims that you could otherwise assert against HBTV by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
3. Copyright Ownership.
Site 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 Site are copyrighted as a collective work under the United States copyright laws. HBTV owns 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, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of HBTV and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
HBTV is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of Site, are those of the respective author(s) or distributor(s) and not of HBTV. Neither HBTV 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. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Site represents the opinions and judgments of the respective user or information provider not under contract with HBTV. HBTV neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Site by any third party. Under no circumstances will HBTV be liable for any loss or damage caused by your use or reliance on information obtained through Site. HBTV is not responsible for any actions or inaction on your part based on the information that is presented onSite. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions
HBTV may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than HBTV, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. HBTV is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF SITE IS AT YOUR SOLE RISK. NEITHER HBTV, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT HBTV WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF HBTV, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SITE.
(B) SITE, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, 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 OF SERVICE.
(C) HBTV MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON HBTV DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. HBTV IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN SITE.
(D) NEITHER HBTV, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL HBTV, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SITE OR THE SITE SOFTWARE, 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 SITE.
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, HBTV, ITS SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, 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 HBTV, ITS SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, 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.
(G) HBTV disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing Site, you acknowledge and agree to HBTV’s disclaimer of any such liability. If you do not agree, you should not access or use Site.
You agree to defend, indemnify and hold harmless HBTV, 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 Site by you or your Account.
HBTV may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, HBTV shall have the right to immediately terminate your Account in the event of any conduct by you which HBTV, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
HBTV, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on Site are the property of their respective owners.
These Terms of Service and any operating rules for Site established by HBTV 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 such subject matter. The provisions of these Terms of Service are for the benefit of HBTV, its subsidiaries, other 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. These Terms of Service shall be construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws rules. 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. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
HBTV respects the rights of all copyright holders and in this regard, HBTV has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HBTV the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. 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
6. 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.
These Terms of Service were last updated on March 3, 2010.
Thank you for visiting HBTV.us. Your privacy is important to us. As such, we provide this privacy statement explaining our online information practices and the choices you can make about the way your information is collected and used at this Site.
The Information We Collect
On this Site, you can enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters, or participate in one of our online forums, or communities. In the course of these various offerings, we often seek to collect from you various forms of personal information. Examples of the types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, and telephone number.
At certain parts of our site, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and services or otherwise participate in the site's activities and offerings.
We, our service providers, advertisers and partners may collect various types of non-personally identifiable information when you visit any of our sites. A representative list of the types of non-personally identifiable information we may collect include: current Internet protocol address and type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider, the web pages you have visited, the content you have accessed and the advertisements you have been shown and/or clicked on.
How We Use the Information
We may use the information you provide about yourself to fulfill your requests for our products, programs, and services, to respond to your inquiries about our offerings, to offer you other products, programs or services that we believe may be of interest to you, to enforce the legal terms that govern your use of our sites, and/or for the purposes for which you provided the information.
We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.
The information we collect in connection with our online forums and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.
If you choose to submit content for publication (e.g., a letter to our editors, comments sent to our television personalities, a posting to a blog or a discussion board), we may publish your screen name and other information you have provided to us.
We may on occasion combine information we collect through our sites with information that we collect from other sources.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our sites, to deliver more relevant marketing messages and advertisements and to enable us to personalize your Internet experience. We also may use this information to analyze usage of our sites, as well as to offer you products, programs, or services.
Information Sharing and Disclosure
In addition, we may transfer personally identifiable information about you if we, or one of our business units, are acquired by, sold to, or merged with another entity.
Our agents and contractors who have access to personally identifiable information are required to protect this information in a manner that is consistent with this privacy statement by, for example, not using the information for any purpose other than to carry out the services they are performing for us.
Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this privacy statement.
We will NEVER disclose personally identifiable information to third parties whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you.
If you have signed up to receive our e-mails and prefer not to receive marketing information from this site, follow the "unsubscribe" instructions provided on any marketing e-mail you receive from this site.
To provide visitors with additional or more relevant product and service opportunities, we may share non-personally identifiable information with third parties.
This section describes certain of our advertising practices, such as the collection and use of information to deliver advertising. We, our service providers, advertisers or partners may collect various types of non-personally identifiable information when you interact with us or visit any of our sites. A representative list of the types of non-personally identifiable information that may be collected include: current Internet protocol address and type of browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Microsoft Windows or Mac OS), the domain name of your Internet service provider, the web pages you have visited, the content you have accessed and the advertisements you have been shown and/or clicked on. The non-personally identifiable information collected may be combined with information from other sources and/or shared with third parties.
The non-personally identifiable information collected may be used to improve the design and content of our sites, and to enable us to personalize your Internet experience. This information may also be used to provide you with additional product and service opportunities and to make inferences about your interests in order to deliver more relevant marketing messages and advertisements. We also may use this information to analyze usage of our sites.
The practices described in this section are enabled by the technologies and relationships described in the "Cookies & Web Beacons" and "Collection of Information by Third-Party Sites, Ad Servers, and Sponsors" sections below.
Cookies & Web Beacons
To enhance your online experience, we use "cookies" or similar technologies. Cookies are text files placed in your computer's browser to store your preferences. Cookies do not contain personally identifiable information; however, once you choose to furnish a site with personally identifiable information, this information may be linked to the data stored in the cookie.
We, our third party service providers, advertiser or our partners may also use "web beacons" or clear .gifs, or similar technologies, which are small pieces of code placed on a web page, to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Collection of Information by Third-Party Sites, Ad Servers, and Sponsors
Some of our sites contain links to other sites whose information practices may be different than ours. Visitors should consult the other sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.
Our sites covered by this privacy statement sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the site activity. We have no control over these third parties' use of this information. The site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.
Our Commitment to Security
We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, to maintain data security, and to use correctly the information we collect online.
How You can Access or Correct Information
Access to personally identifiable information that is collected from our sites may be accessible for a limited period of time from the point of collection. For example, if you created a password-protected account within our site, you can access that account to review the information you provided.
You may also send an e-mail or letter to the following e-mail or street address requesting access to or correction of your personally identifiable information. For verification purposes please include your first name, last name, e-mail address and the password you use for such service.E-mail Administration
Updates & Effective Date
From time to time, we may update this privacy statement. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and with whom we share it.
The Privacy Statement posted on this site was updated on May 30, 2010.