Nature of the Services
The purpose of the Website and the Services provided through the Website (“Purpose”) is to provide a forum on which account holders (“Account Holders”) can post and share news images, video and audio content (“User Generated News”) and visitors to the Website (“Users”) can search and view Content.
We make no representations or warranties as to the fitness or quality of User Generated News posted in the Website or that Account Holders have rights to post the User Generated News. We do, however, require Account Holders to represent and warrant that the User Generated News they post will not infringe third party rights, including intellectual property rights. We also reserve the right to screen for pornography, extreme violence, all forms of propaganda and advertising and User Generated News that otherwise infringe third party rights. Should any User Generated News be deemed to fall within these categories, the User Generated News and Account Holders who post them may be removed and permanently banned from the Website.
Availability of Services
The Services are only available to individuals of legal age to form a binding contract with All TV and who otherwise have the authority to create a legally binding agreement.
Modification of Services
We reserve the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
Ownership of Website and Content
User Generated News
Only Account Holders are able to post User Generated News. Anyone can become an Account Holder by creating a profile (see below).
We do not pre-screen User Generated News and, as such, we cannot not guarantee the accuracy, integrity, quality or legality of User Generated News. All User Generated News are the sole responsibility of the Account Holders who post them.
You understand that by using the Service, you may be exposed to User Generated News that are offensive, false or otherwise objectionable.
Users are able to report objectionable User Generated News to us. We have the right (but not the obligation) in our sole discretion to refuse or remove any User Generated News. Unless specifically indicated, all User Generated News are public and not private.
By posting User Generated News on the Website, you grant to us a royalty-free and on-going right to use, reproduce and display the User Generated News alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through sub-licensees. Your license of any User Generated News extends to use for promotions, advertising, market research or any other lawful purpose, without limitation. You warrant that any moral rights in User Generated News have been waived.
Notwithstanding the above, we undertake not to reproduce any User Generated News posted by you on media other than the Website without seeking and obtaining your expressed written permission.
You agree that you will only use the Services in accordance with the Purpose and will not use the Services to:
upload, post, email, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, exploitative, subversive, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
exploit or otherwise harm minors;
upload personal information, including photographs or contact information, of individuals who are under 13 years of age;
falsely impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any other party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of illegal solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to corrupt, interrupt, modify, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, provincial, national or international law;
collect or provide funds, directly or indirectly, in order to carry out crimes, contribute to or facilitate the activities of a criminal organization, or instruct anyone to carry out a criminal activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code of Canada or any such similar legislation in your local jurisdiction;
"stalk" or otherwise harass another User;
collect or store personal data about other Users without their express consent or in connection with the prohibited conduct and activities set forth above;
interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
run Maillist, Listserv, or any form of auto-responder or "spam" on the Service;
use manual or automated software, devices, or other processes to "crawl" or "spider" the Website;
intentionally or unintentionally commit click fraud by using a person, automated script, or computer program to imitate legitimate use of a web browser; or
access (or attempt to access) the Service by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us.
If you are an Account Holder, your use of the Services is also subject to the following: You represent and warrant that any work, or excerpt thereof, that you post or make available through the Website, is your original work and does not infringe on the rights of any third party, including, copyright, trademark, rights of publicity or contractual rights;
If we, at our sole discretion, suspect that the Service has been used in any illegal manner, we reserve the right to report such use to the relevant authorities.
Websites of Others
From time to time, the Website may contain links to websites maintained by other parties. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites by other parties, you do so at your own risk.
Account, Password and Security
When you sign up or register on the Website as an Account Holder, you will be prompted to provide information, including contact information and a password. This information will be used to set up your account so that you can post User Generated News. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including User Generated News posted from your account. You must immediately notify us of any unauthorized use of your password or account or any other breach of security. You must also be truthful in all aspects of your registration and agree to maintain and promptly update the Account Holder information to keep it true, accurate, current and complete.
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
General Practices Regarding Use, Storage and Account Termination
You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any User Generated News posted on or maintained or transmitted through the Website. You acknowledge that we reserve the right to log off accounts that are inactive for a certain period of time and to remove and discard any User Generated News with or without notice and for any reason, including, without limitation:
lack of use;
requests by law enforcement or other government agencies;
a request by you (self-initiated account deletions);
discontinuance or material modification to the Service (or any part thereof);
unexpected technical or security issues or problems;
in compliance with legal process; or
if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services.
Disclaimer of Representations and Warranties
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
b. Without limiting the generality of the foregoing, we make no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services or information purchased or obtained by you through the Service will meet your expectations.
Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible Losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
All TV and all other trademarks used by us in association with the Services from time to time are trademarks belonging to us (“the Marks”). You agree not to display or use in any manner any of the Marks unless you obtain our prior written permission.
Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement
While not responsible for any use of its Services to infringe intellectual property rights, we respect the intellectual property of others, and we ask our Users and partners to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information in writing:
a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You can send claims of copyright or other intellectual property infringement to us through our contact page:
You can cancel your account at any time by contacting us. You will know that your account has been cancelled when you receive an acknowledgement and confirmation of your request. If you do not receive an acknowledgement of your request, your account has not been cancelled and you may need to follow up.
Waiver and Severability of Terms
No Right of Survivorship and Non-Transferability
If you are an Account Holder, you agree that your account is non-transferable and any rights in and to your account or Videos posted from your account terminate upon your death, subject to copyright law.