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Sep. 06, 2010
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Terms and Conditions
www.intelevision.com

TVtalk offers access to and use of the site to you, an individual, non-commercial user, subject to your acceptance of these Terms and Conditions of use ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our site, you agree to observe these Terms. If you do not accept all of these Terms, then do not use www.intelevision.com. The right to use the site is personal to you and is not transferable to any other person or entity.

  1. OWNERSHIP.
    1. Our site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, data, information, material, images, software, photos, video, graphics, music, sound, and other content ("Content(s)") and the entire Content of the site are copyrighted as a collective work under the United States copyright laws. The Contents of the site are protected under United States and foreign laws. Except as otherwise stated herein, TVtalk owns the copyrights in our site and for our site and all of its Contents, including the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it (excluding content owned by Tribune Media Services, as noticed on our site). Unless expressly authorized in writing by TVtalk, you will not copy, reproduce, republish, upload, post, transmit, distribute, sell, publish, transfer, create derivative works from, modify, or in any way exploit any of the Content on our site, but you may access, view, and download on a single computer the Content presented on our site for your personal, non-commercial use. You do not acquire any ownership rights by accessing, viewing, or downloading any Content.
    2. Except as otherwise stated herein, Trademarks, logos and service marks displayed on our site ("Marks") are our registered and common law Marks. By accessing or using our site, you obtain no license or right to use any of the Marks.
    3. You will not use any robot, spider, other automatic device, or manual process to monitor Content available on or through our site. All software, applications, and modules used on our site are proprietary to us or licensed to us by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any Content, software, applications, or modules on our site.
  2. COPYRIGHT AND TRADEMARK NOTICES.

    Except as otherwise noticed, all contents of our site are Copyright 2008, TVtalk, Inc. All Rights Reserved. "TVtalk" and "Intelevision" are the trademarks of TVtalk, Inc. Other product, service and company names listed in our site may be the trademarks of their respective owners. You may not remove, and must maintain, all copyright, trademark, service mark, and other proprietary notices present on and/or contained in the site and on any authorized copy you make of the Content.

  3. USE OF SITE.
    1. This site is intended solely for users who are thirteen (13) years of age or older. Parental guidance is recommended for minors between thirteen (13) and eighteen (18) years of age. You agree to be completely responsible for all charges, fees, duties, taxes and assessments arising out of your use of our site. You also represent and warrant that all information supplied by you is true and accurate.
    2. You shall use the site for lawful purposes only. You shall not use our site to make any false or fraudulent purchase or to post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TVtalk's express prior written approval, contains advertising or any solicitation with respect to products or services, or for any other purpose that is unlawful or prohibited by these Terms. Any conduct by you that in TVtalk's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the site.
    3. You shall not upload, post, make available, or otherwise submit on the site any material protected by copyright, trademark or other proprietary right without the express 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 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.
    4. TVtalk shall have the right, but not the obligation, to monitor the content of the site, including chat rooms and forums, to determine compliance with this agreement and any operating rules established by TVtalk and to satisfy any law, regulation or authorized government request. We shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
    5. We have the right at any time to change or discontinue any aspect or feature of the site, including, but not limited to, content, hours of availability, and equipment needed for access or use. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any feature of our site. Thus, your access to our site may not be uninterrupted or available at all times. We cannot promise that our site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. You will not use any device, software, or routine that interferes or attempts to interfere with the normal operation of our site or take any action that imposes an unreasonable load on our computer equipment.
    6. TVtalk may terminate this agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate this agreement in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of this agreement.
  4. USER INFORMATION.

    You agree that any and all content you send to us, as between us and you, whether via e-mail, resume, curriculum vitae, and other related personal or identifying information, forms, messages, ideas, and/or suggestions ("User Content"), you automatically grant to TVtalk and its affiliates an irrevocable, royalty-free, perpetual, fully-paid, nonexclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such User Content (in whole or in part), and to prepare derivative works of, or incorporate into other works (in any form, media, or technology now known or later developed) for the full term of any rights that may exist in such User Content, and to grant and authorize sublicenses thereof. You transmit User Content at your sole risk. You are solely responsible for the information. TVtalk does not solicit through its site any user submissions relating to the site or any TVtalk intellectual property. By sending to TVtalk any such submission, you hereby agree to assign to TVtalk all right title and interest in and to each such submission, including any and all intellectual property rights therein

    You are strictly prohibited from uploading to our site any material that contains any virus, worm, "trojan horse", time bomb, adware, spyware, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

  5. NO SOFTWARE LICENSE.

    Notwithstanding anything to the contrary herein, this Agreement confers no right, title, or license to any TVtalk intellectual property. Use of TVtalk Content or software may be licensed by TVtalk pursuant to an appropriate license agreement, and all use of such Content or software shall be governed thereby. Absent an appropriate license agreement, any reproduction or redistribution of the TVtalk intellectual property is expressly prohibited by law, and may result in severe civil and criminal liability. Violators will be prosecuted to the maximum extent possible under applicable laws.

  6. PRIVACY. You hereby represent and warrant that you own or have the right to submit all information you send to us. Your use of our site is subject to our Privacy Policy (the "Privacy Policy"). You represent and warrant that you have read the Privacy Policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy. In the event of any conflict between our Privacy Policy and these Terms, these Terms shall govern.

  7. LINKS.

    Our site may contain links to other sites that we do not operate or control. We are not responsible for these other sites. We provide these links for your reference and convenience. We do not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites or our endorsement of any material on those sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any site, including any site controlled by you, to our site without our express, written permission.

  8. WARRANTY DISCLAIMER.

    WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. CHANGES MAY BE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE, OUR AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON OR TO THIS SITE AT ANY TIME.

  9. LIMITATION OF LIABILITY.

    IN NO EVENT WILL TVTALK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR ITS CONTENTS, BE LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE, OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR ARE IN ANY WAY CONNECTED WITH (X) ANY USE OF OUR SITE OR CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FOUND THEREIN, (Y) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (Z) THE PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

    YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. 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.

  10. DOLLAR LIMITATION.

    If, despite the limitations in Sections 8 and 9 above, we are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in such sections, then our liability will in no event exceed, in total, US $50, or the minimum liability dollar amount defined in your jurisdiction, if applicable. Some states do not allow the limitation of liability, so the limitations above may not apply to you. Such limitations on liability are in addition to, and not in lieu of, any limitations on liability set forth in any other agreement between you and us.

  11. INDEMNIFICATION.

    You will defend and indemnify us and each of our officers, directors, employees, agents and affiliates from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms or the documents made part of these Terms by reference, your violation of any law or the rights of a third party, or your use of our site.

  12. GENERAL.

    The headings in these Terms are for your convenience and reference only. Such headings do not limit or affect these Terms. Your acceptance of these Terms and use of our site do not create a joint venture, partnership, employment or agency relationship with us. You may not assign, delegate or transfer your rights or obligations under these Terms. We may modify these Terms at any time. Your continued use of our site, following any modification of these Terms, is subject to the Terms in effect at the time of your use. You agree to review these Terms periodically. Your continued use of our site, following any modification, will be your acceptance of the modified Terms. Except as described in the preceding sentences, you and we can only modify these Terms in a written document signed or otherwise accepted by you and by us. Other terms and conditions may apply to your purchases of advertising services and products through our site and to your use of other portions of our site. You agree to observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach of these Terms or any other terms and or conditions on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any provision of these Terms to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us and you relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site. The laws of the State of Washington (USA), without regard to its conflict of laws rules, will govern these terms and conditions, as well as your and our observance of them. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Seattle, Washington (USA). In any such action, or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


These Terms are effective as of September 30, 2008.