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YellowPagesTV.com
Terms of Service
ACCEPTANCE OF TERMS
YellowPagesTV.com ("YellowPagesTV.com") welcomes you. YellowPagesTV.com
provides its service to you subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can
review the most current version of the TOS at any time at:
http://www.yellowpagestv.com/about/termsofservice.htm In addition, when
using particular YellowPagesTV.com owned or operated services, you and
YellowPagesTV.com shall be subject to any posted guidelines or rules applicable
to such services, which may be posted from time to time. All such guidelines or
rules (including but not limited to our Spam Policy) are hereby incorporated by
reference into the TOS. YellowPagesTV.com may also offer other services that are
governed by different Terms of Service.
DESCRIPTION OF SERVICE
YellowPagesTV.com provides users with access to a rich collection of resources,
including various communications tools, forums, shopping services, search
services, personalized content and branded programming through its network of
properties which may be accessed through any various medium or device now known
or hereafter developed (the "Service"). You also understand and agree that the
Service may include advertisements and that these advertisements are necessary
for YellowPagesTV.com to provide the Service. You also understand and agree that
the Service may include certain communications from YellowPagesTV.com, such as
service announcements, administrative messages and the YellowPagesTV.com
Newsletter, and that these communications are considered part of
YellowPagesTV.com membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new YellowPagesTV.com
properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that YellowPagesTV.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining
access to the Service, and that access may involve third-party fees (such as
Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
Please be aware that YellowPagesTV.com has created certain areas on the Service
that contain adult or mature content. You must be at least 18 years of age to
access and view such areas.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or YellowPagesTV.com has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, YellowPagesTV.com has the right to suspend or terminate
your account and refuse any and all current or future use of the Service (or any
portion thereof). YellowPagesTV.com is concerned about the safety and privacy of
all its users, particularly children. For this reason, parents of children under
the age of 13 who wish to allow their children access to the Service must create
a YellowPagesTV.com Family Account. When you create a YellowPagesTV.com Family
Account and add your child to the account, you certify that you are at least 18
years old and that you are the legal guardian of the child/children listed on
the YellowPagesTV.com Family Account. By adding a child to your
YellowPagesTV.com Family Account, you also give your child permission to access
many areas of the Service, including, email, message boards and instant
messaging (among others). Please remember that the Service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Service areas and/or Content (as
defined in Section 6 below) are appropriate for your child.
YELLOWPAGESTV.COM PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For more information, see our full privacy policy at
http://www.yellowpagestv.com/about/privacypolicy.htm. You understand that
through your use of the Service you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer of this
information to the United States and/or other countries for storage, processing
and use by YellowPagesTV.com and its affiliates.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify YellowPagesTV.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. YellowPagesTV.com cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of
the person from whom such Content originated. This means that you, and not
YellowPagesTV.com, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
YellowPagesTV.com does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
YellowPagesTV.com be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, or any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a YellowPagesTV.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content 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);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. 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 solicitation,
except in those areas (such as shopping) that are designated for such purpose
(please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
j. 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;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs a through m
above.
You acknowledge that YellowPagesTV.com may or may not pre-screen Content, but
that YellowPagesTV.com and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove any
Content that is available via the Service. Without limiting the foregoing,
YellowPagesTV.com and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by
YellowPagesTV.com or submitted to YellowPagesTV.com, including without
limitation information in YellowPagesTV.com Message Boards and in all other
parts of the Service.
You acknowledge, consent and agree that YellowPagesTV.com may access, preserve
and disclose your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third parties; (d) respond to
your requests for customer service; or (e) protect the rights, property or
personal safety of YellowPagesTV.com, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by YellowPagesTV.com
and/or content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is
strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON YELLOWPAGESTV.COM
NETWORK
When you register with YellowPagesTV.com, you acknowledge that in using
YellowPagesTV.com services to send electronic communications (including but not
limited to email, search queries, sending messages to YellowPagesTV.com Chat or
YellowPagesTV.com Groups, uploading photos and files to YellowPagesTV.com Photos
or Briefcase, and other Internet activities), you will be causing communications
to be sent through YellowPagesTV.com's computer networks, portions of which are
located in California, Texas, Virginia, and other locations in the United States
and portions of which are located abroad. As a result, and also as a result of
YellowPagesTV.com's network architecture and business practices and the nature
of electronic communications, even communications that seem to be intrastate in
nature can result in the transmission of interstate communications regardless of
where you are physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the service
results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
YellowPagesTV.com does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you
submit or make available for inclusion on publicly accessible areas of the
Service, you grant YellowPagesTV.com the following worldwide, royalty-free and
non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of YellowPagesTV.com Groups, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
YellowPagesTV.com Group to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or
YellowPagesTV.com removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible areas of the Service other than
YellowPagesTV.com Groups, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purpose for which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such Content
on the Service and will terminate at the time you remove or YellowPagesTV.com
removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than YellowPagesTV.com Groups, the perpetual, irrevocable and fully
sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in
part) and to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service are those areas of the
YellowPagesTV.com network of properties that are intended by YellowPagesTV.com
to be available to the general public. By way of example, publicly accessible
areas of the Service would include YellowPagesTV.com Message Boards and portions
of YellowPagesTV.com Groups, Photos and Briefcase that are open to both members
and visitors. However, publicly accessible areas of the Service would not
include portions of YellowPagesTV.com Groups that are limited to members,
YellowPagesTV.com services intended for private communication such as
YellowPagesTV.com Mail or YellowPagesTV.com Messenger, or areas off of the
YellowPagesTV.com network of properties such as portions of World Wide Web sites
that are accessible via hypertext or other links but are not hosted or served by
YellowPagesTV.com.
CONTRIBUTIONS TO YELLOWPAGESTV.COM
By submitting ideas, suggestions, documents, and/or proposals ("Contributions")
to YellowPagesTV.com through its suggestion or feedback webpages, you
acknowledge and agree that: (a) your Contributions do not contain confidential
or proprietary information; (b) YellowPagesTV.com is not under any obligation of
confidentiality, express or implied, with respect to the Contributions; (c)
YellowPagesTV.com shall be entitled to use or disclose (or choose not to use or
disclose) such Contributions for any purpose, in any way, in any media
worldwide; (d) YellowPagesTV.com may have something similar to the Contributions
already under consideration or in development; (e) your Contributions
automatically become the property of YellowPagesTV.com without any obligation of
YellowPagesTV.com to you; and (f) you are not entitled to any compensation or
reimbursement of any kind from YellowPagesTV.com under any circumstances.
INDEMNITY
You agree to indemnify and hold YellowPagesTV.com and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your
YellowPagesTV.com ID), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that YellowPagesTV.com may establish general practices and
limits concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email messages
that may be sent from or received by an account on the Service, the maximum size
of any email message that may be sent from or received by an account on the
Service, the maximum disk space that will be allotted on YellowPagesTV.com's
servers on your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given period of time. You
agree that YellowPagesTV.com has no responsibility or liability for the deletion
or failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that YellowPagesTV.com
reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that YellowPagesTV.com reserves the right to
modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
YellowPagesTV.com reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that YellowPagesTV.com shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Service.
TERMINATION
You agree that YellowPagesTV.com may, under certain circumstances and without
prior notice, immediately terminate your YellowPagesTV.com account, any
associated email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations of the TOS or
other incorporated agreements or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account
deletions), (d) discontinuance or material modification to the Service (or any
part thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
Services. Termination of your YellowPagesTV.com account includes (a) removal of
access to all offerings within the Service, including but not limited to
YellowPagesTV.com Mail, Groups, Messenger, Chat, Domains, Personals, Auctions,
Message Boards, Greetings, Alerts and Games, (b) deletion of your password and
all related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of the Service.
Further, you agree that all terminations for cause shall be made in
YellowPagesTV.com's sole discretion and that YellowPagesTV.com shall not be
liable to you or any third party for any termination of your account, any
associated email address, or access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that YellowPagesTV.com shall not be 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 such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because YellowPagesTV.com has no control over such sites
and resources, you acknowledge and agree that YellowPagesTV.com 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 YellowPagesTV.com 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.
YELLOWPAGESTV.COM'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
YellowPagesTV.com or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
YellowPagesTV.com grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
modify the Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by YellowPagesTV.com for
use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. YELLOWPAGESTV AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
YELLOWPAGESTV.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
YELLOWPAGESTV.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YELLOWPAGESTV.COM AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU 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 YELLOWPAGESTV.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY
TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 19 and
20 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. YellowPagesTV.com and its
licensors shall not be responsible or liable for the accuracy, usefulness or
availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions
based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
NOTICE
YellowPagesTV.com may provide you with notices, including those regarding
changes to the TOS, by email, regular mail or postings on the Service.
TRADEMARK INFORMATION
The YELLOWPAGESTV.COM, YellowPagesTV.com logo, trademarks and service marks and
other YellowPagesTV.com logos and product and service names are trademarks of
YellowPagesTV.com (the "YellowPagesTV.com Marks"). Without YellowPagesTV.com's
prior permission, you agree not to display or use in any manner the
YellowPagesTV.com Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
YellowPagesTV.com respects the intellectual property of others, and we ask our
users to do the same. YellowPagesTV.com may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be repeat
infringers. 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 YellowPagesTV.com's Copyright Agent the
following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you
claim has been infringed;
3. a description of where the material that you claim is infringing is located
on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, 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.
YellowPagesTV.com's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o YellowPagesTV.com
9301 Wilshire Blvd.
Ste. 300
Beverly Hills, CA 90210
(323) 850-5000
By email:
admin@yellowpagestv.com
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
YellowPagesTV.com and governs your use of the Service, superseding any prior
agreements between you and YellowPagesTV.com with respect to the Service. You
also may be subject to additional terms and conditions that may apply when you
use or purchase certain other YellowPagesTV.com services, affiliate services,
third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and
YellowPagesTV.com shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and YellowPagesTV.com
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of
Los Angeles, California.
Waiver and Severability of Terms. The failure of YellowPagesTV.com to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your
YellowPagesTV.com account is non-transferable and any rights to your
YellowPagesTV.com ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
VIOLATIONS
Please report any violations of the TOS to our
Customer Care group.
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