WEBSITE TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND TBN
The TBN Web Site is comprised of various web pages exclusively owned and operated by TBN.
This document provides important information regarding your use of the TBN Web Site. You
are urged to read and understand it thoroughly prior to further accessing the TBN Web Site or
utilizing any services provided therein. We also encourage you to periodically return to this page
and access this information to review any changes or modifications that may have been made
since your last review.
The TBN Web Site is offered to you conditioned on your acceptance, without modification, of
the terms, conditions, and notices contained herein. Your use of the TBN Web Site
acknowledges that you have read and understand these terms and conditions and that you agree
to be bound by all such terms, conditions, and notices. If you do not agree to be bound by all of
these terms, conditions and notices, promptly exit this page and the TBN Web Site without
further accessing or using any other part of the TBN Web Site.
LINKS TO THIRD PARTY SITES
The TBN Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are
not under the control of TBN and TBN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. TBN is not responsible for web-casting or any other form of transmission received
from any Linked Site. TBN is providing these links to you only as a convenience.
No Endorsement of any Linked Site, its owners, operators, services or products is expressed or
implied by any information, material or content referred to or included on or linked from or to
the TBN Web Site.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the TBN Web Site are registered trade-names and trademarks of TBN and/or its
suppliers. All rights are reserved and any unauthorized use of them is strictly prohibited.
Likewise, the names of actual companies and products mentioned herein may be the trade-names
and/or trademarks of their respective owners. The display of trademarks or trade-names on this
website does not convey or create any license or other rights in the marks or names. All rights
are reserved and any unauthorized use of them is strictly prohibited.
Any rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the TBN Web Site, you warrant to TBN that you will not use the
TBN Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the TBN Web Site in any manner which could damage, disable,
overburden, or impair the TBN Web Site or interfere with any other party's use and enjoyment of
the TBN Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the TBN Web Sites.
USE OF COMMUNICATION SERVICES
The TBN Web Site may contain bulletin board services, chat areas, news groups, forums,
communities, calendars, and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication Service. By
way of example, and not as a limitation, you agree that when using a Communication Service,
you will not:
(1) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
(2) Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
(3) Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
(4) Upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer.
(5) Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
(6) Conduct or forward surveys, contests, pyramid schemes or chain letters.
(7) Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
(8) Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained in a
file that is uploaded.
(9) Restrict or inhibit another user from using/enjoying the Communication Services.
(10) Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
(1 1) Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
(12) Violate any applicable laws or regulations.
TBN has no obligation to monitor the Communication Services. However, TBN reserves the
right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. TBN reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
TBN reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in TBNs sole discretion.
TBN does not control or endorse the content, messages or information found in any
Communication Service and, therefore, TBN specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized TBN spokespersons, and their
views do not necessarily reflect those of TBN.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
download the materials.
MATERIALS PROVIDED TO TBN OR POSTED AT ANY TBN WEBSITE
TBN does not claim ownership of the materials you provide to TBN (including feedback and
suggestions) or post, upload, input or submit to any TBN Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting TBN, its affiliated companies and necessary sub-licensees
permission to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
TBN is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in TBNs sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
The information, software, products, and services included in or available through the TBN Web
Site may include inaccuracies or typographical errors. Changes are periodically added to the
information herein. TBN and/or its suppliers may make improvements and/or changes in the
TBN Web Site at any time. Advice received via the TBN Web Site should not be relied upon for
personal, medical, legal or financial decisions and you should consult and apprpriate
professional for specific advice tailored to your situation.
TBN and/or its suppliers make no representations about the suitability, reliability, availability,
timeliness, and accuracy of the information, software, products, services and related graphics
contained on the TBN Web Site for any purpose to the maximum extent permitted by applicable
law, all such information, software, products, services and related graphics are provided "as is"
without warranty or condition of any kind. TBN and/or its suppliers hereby disclaim all
warranties and conditions with regard to this information, software, products, services and
related graphics, including all implied warranties or conditions of merchantability, fitness for a
particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall TBN and/or its suppliers
be liable for any direct, indirect, punitive, incidental, special, consequential damages or any
damages whatsoever including, without limitation, damages for loss of use, date or profits,
arising out of or in any way connected with the use or performance of the TBN Web Site, with
the delay or inability to use the TBN Web Site or related services, the provision of or failure to
provide services, or for any information, software, products, services and related graphics
obtained through the TBN Web Site, or otherwise arising out of the use of the TBN Web Site,
whether based on contract, tort, negligence, strict liability or otherwise, even if TBN or any of its
Suppliers has been advised of the possibility of damages. Because some states/jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. If you are dissatisfied with any portion of the TBN Web
the TBN Web Site.
You agree to defend, indemnify and hold harmless, TBN, its suppliers and affiliates, and each of
their officers, directors, employees and agents, including all third parties mentioned on the TBN
Web Site, from and against any and all claims, actions, demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from you use of the TBN web site and
the content or your breach of these Terms and Conditions.
TBN reserves the right, with or without cause and in its sole discretion, to terminate your access
to the TBN Web Site and the related services or any portion thereof at any time, without notice.
CHOICE OF LAW & GENERAL PROVISIONS
To the maximum extent permitted by law, this agreement is governed by the laws of the State of
California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in
Orange County, California, U.S.A. in all disputes arising out of or relating to the use of the TBN
Web Site. You agree to waive jurisdiction or venue in any other place. Use of the TBN Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
Caveat for International Users: This Site is controlled, operated and administered by TBN from
its offices within the United States of America. TBN makes no representation that materials at
this site are appropriate or available for use at other locations outside of the United States and
access to them from territories where their contents are illegal is prohibited. You may not use
the Site or export the Materials in violation of U.S. export laws and regulations. If you access
this Site from a locations outside of the United States, you are responsible for compliance with
all local laws. These Terms and Conditions of use shall be governed by the laws of the State of
California, U.S.A. without giving effect to its conflict of laws provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and TBN as a result of this agreement or use of the TBN Web Site. TBN's performance of
this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of TBN's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the TBN Web Site or information
provided to or gathered by TBN with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and TBN with respect to the TBN Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and TBN with respect to the TBN. 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 this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related documents be drawn up in
TBN reserves the right to change the terms, conditions, and notices under which the TBN Web
Site is offered, including but not limited to the charges associated with the use of the TBN Web
Site. It is the responsibility of the User of this site to periodically access this Website Terms and
Conditions Agreement and to review it for any changes or modifications.