What And How Is OVTV Collecting Information? Every computer connected to the Internet is given a domain name and a set of numbers, which serve as that computer's "Internet Protocol" IP address. When a visitor requests a page from any website within the OVTV network, our web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about that visitor other than the IP address from which such visitor has accessed the OVTV website. We use this information to examine our traffic in aggregate, but do not collect and evaluate this information for individuals. Our web servers do not record e-mail addresses of the visitors. However, we may determine what technology is available through your browser in order to provide you with the most appropriate version of a web page.
What Information Does OVTV Collect When I Register For Something? OVTV offers access to some services that are free but that require registration. When you register online, you may be required to provide the following personally identifiable information ("PII"): your name, address, e-mail address, telephone number, date of birth, gender, zip code, your Internet connection, cable provider or any other identifier that permits us to contact you. We may use your PII to send notification of OVTV products and services by e-mail and/or postal mail. We also may share your PII with our clients. Our clients may send you promotional material that is related to the topic of the service for which you registered if you have opted to receive it. We do not maintain a process for you to review and request changes to your PII.
What other information does OVTV request? We may also request your e-mail address or mailing address for the purposes of conducting surveys or providing additional services (for example, subscriptions to e-mail newsletters, announcement lists or information about seminars). Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No-Spam" policy that means that we do not intend to sell, rent, or otherwise give your e-mail address to a third-party, without your consent. In addition, OVTV will not send you email that you have not agreed to receive. We may from time to time send e-mail announcing OVTV and OVTV partner promotions and announcements. Any e-mail sent to you by OVTV will include a process by which you may indicate that you wish to opt out of receiving future, similar e-mails. When you sign up for an OVTV forum, your name or alias and password are recorded solely for purposes of maintaining your own account within the forums. This information is not used to monitor your activity within a forum, nor is it used to identify you outside the OVTV network in any way. When you enter a contest or other promotion, we may ask for your name, address, and e-mail address so we can administer the contest and notify winners. OVTV may share this information with third parties serving as OVTV's partners in such contests or promotions. If you purchase items in our online store in addition to your name and contact information we will also collect and maintain your billing address, shipping address, product selections, your credit card or other payment instrument information, your order number and information about your computer's Internet address and website which may have referred or directed you to this website. We collect this and other information to fill your order, to communicate with you about your order and to send you promotional materials. Will OVTV Disclose The Information IT Collects To Outside Third Parties? OVTV will disclose personal information when required by law or in the good-faith belief that such action is necessary to:
2. Protect and defend the rights or property of the OVTV network of websites, or visitors to the OVTV network of websites;
What Else Should I Know About My Privacy When Online?
2. Ownership Of Intellectual Property
All Web Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Web Site including, without limitation, the selection, sequence and "look and feel" and arrangement of items (individually and/or collectively "Material"), are the property of OVTV, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under the U.S. federal and sate, as well as applicable foreign, laws, regulations and treaties. OVTV may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. No Materials may be downloaded from the Web Site for any purpose. Any reproduction, copying or redistribution for commercial purposes of the Materials or design elements of the Web Site is strictly prohibited without the express written consent of OVTV or its owner if OVTV is not the owner. All rights in the product names, company names, trade names, logos, product packaging and designs of OVTV or third-party products or services whether or not appearing in large print or with the trademark symbol, belong exclusively to OVTV, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any Materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Web Site confers on you any license or right under any patent, copyright or trademark of OVTV or any third party.
3. Copyright Agent
Pursuant to the terms of the Digital Millennium Copyright Act, OVTV has designated a Copyright Agent to receive notice of claims of copyright infringement on the Web Site. OVTV's Copyright Agent may be reached by e-mail at email@example.com. If you believe that your work has been copied in a way that constitutes copyright infringement please promptly provide the Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the Material that you claim is infringing is located on the Web Site; (d) your address, telephone number and e-mail address; (e) 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; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of OVTV and OVTV does not endorse nor is it responsible or liable for the contents of the Linked Sites. OVTV is not responsible for the availability or accuracy of the Linked Sites. OVTV provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by OVTV in favor of any company offering Internet services, products or services on the Linked Sites. Other sites may link without prior permission to the Web Site's home page only through a plain-text link. Permission must otherwise be granted by OVTV for any other type of link to the Web Site. To seek our permission, you may write to Ovation TV, Inc., 2800 Ocean Park Blvd Suite 240, Santa Monica, CA 90045 ATTN: Web Master. Any third party web site that links to the Web Site (a) shall not create a frame, browse or border environment around any of the content of the Web Site; (b) shall not replicate the Web Site content; (c) shall not imply that OVTV is endorsing or sponsoring it or its products or services; (d) shall not present false information about OVTV or its products or services; (e) shall not use OVTV trademarks without the prior written permission of OVTV; and (f) shall not contain content that could be construed as distasteful, offensive, obscene or controversial.
5. No Solicitation
You agree not to use the Web Site to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of OVTV.
6. No Spamming
From time to time, users of this Web Site post their e-mail addresses in OVTV chat rooms, forums and other public-posting areas. You agree not to utilize these e-mail addresses for purposes of spamming (i.e., sending unsolicited e-mail).
7. Chat Rooms, Bulletin Boards, Other Forums
8. Promotions And Contests
The Web Site may contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration and/or entry is valid. You agree to read and comply with such rules before entering any sweepstakes, contests or promotions on the Web Site.
9. Membership And Registration
Certain areas of this Web Site may require you to register or provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. OVTV reserves the right to reject any user name that is, in OVTV's sole and absolute judgment, offensive. You agree to notify OVTV of any unauthorized use of your user name and/or password. You must be at least 13 years old to use or register on the Web Site.
10. Purchase Of Merchandise
In the event any merchandise or services are offered for sale via this Web Site which are listed at an incorrect price or contain other incorrect information, OVTV shall have the absolute right to refuse or cancel any order placed for such merchandise or services and OVTV is released from liability for doing so. Your only remedy is to return to OVTV or the third party offering such merchandise the product purchased and request a refund, which OVTV or such third party may or may not grant in their sole discretion.
OVTV welcomes your comments but does not accept unsolicited submissions for programming, web site content and other content or products and we cannot review your submissions. OVTV has adopted this policy to avoid misunderstandings about projects OVTV develops, which may appear to be similar to someone else's idea, suggestion or material. If you choose to submit material to OVTV despite this request not to submit ideas for programming, web site content and other content or products, OVTV will not treat any submission as confidential. OVTV will not be liable for any use or disclosure of that submission to any third party and/or for loss of any material submitted and may use such submission for any purpose. By submitting material to this Web Site you acknowledge that the material may be identical with or similar to themes, plots, ideas, formats or other elements that OVTV has independently developed or that has or may come to OVTV from other sources. You represent and warrant that the submission is wholly original to you and its use will not violate the rights, common law or otherwise, of any kind or nature whatsoever of any third party or entity. Any submission will become the sole property of OVTV and will not be returned to you and OVTV shall not be required to respond to any submission received. You agree that you are not entitled to any compensation by reason of OVTV's use of similar or identical material.
12. Disclaimer And Release Of Liability
YOU AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. NEITHER OVTV, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, INVESTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE OR PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEB SITE. OVTV DOES NOT REPRESENT AND WARRANT THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THORUGH THE WEB SITE. OVTV DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTAIBLITY OR FITNESS FOR A PARTCIUILAR PURPOSE FOR ANY INFORMATION, PRODUCT OR SERVICE OFFERED ON THIS WEB SITE. OVTV IS NOT LIABILE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR SIMILAR DAMAGES OF ANY KIND EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES ON ANY THOERY OF LIABILITY. OVTV IS NOT LIABILE 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. YOU AGREE THAT OVTV'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEB SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO OVTV FOR THE USE OF THE WEB SITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE INCIDENT UNDERLYING SUCH CLAIM OCCURRED. OVTV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT CONTAINED ON THE WEBSITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND/OR (IV) ANY CONDUCT BY USERS OF THE WEB SITE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN IN SUCH CASE OVTV LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
You agree, at all times, to defend, indemnify and hold harmless OVTV, its respective affiliates and parent companies and each of their respective directors, officers, employees, shareholders and agents from and against any and all claims, actions, liabilities, damages, injuries, costs and expenses including, without limitation, attorneys' fees and court costs, arising out of any use you make of the Web Site, your violation of this Agreement, or your violation of any rights of another person or entity.
14. Governing Law
This Web Site originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in California in all disputes arising out of or relating to this Agreement or use of this Web Site. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state or local statutes of limitations. OVTV makes no representations regarding the legality of access to or use of the Web Site or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Web Site from outside the United States do so at their own risk.
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement, which shall remain in full force and affect.
16. Entire Agreement
This Agreement and any rules for the Web Site established by OVTV constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.
19. Electronic Communications
By using the Web Site, you consent to receiving electronic communications from OVTV. These communications will include notices about your account and information concerning or related to the Web Site. These communications are part of your relationship with OVTV and you receive them as part of your user account. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We reserve the right to terminate your user account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Web Site will immediately cease. All provisions of this Agreement will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
21. Dispute Resolution
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrators will be selected from a panel of persons having experience with and knowledge of electronic commerce, software code development, and the Internet. The place of arbitration shall take place in Los Angeles, California, USA. Any judicial proceeding following arbitration shall take place in the State or Federal courts within the judicial district where the arbitration took place.