TVGfree.net Terms of Use

Welcome to TVGfree.net! The TVGfree.net website (“TVGfree.net” or the "Site") is owned and operated by ODS Technologies, L.P. (“TVGfree”). These Terms of Use set out the legally binding terms for your use of TVGfree.net and the services offered on TVGfree.net. TVGfree may modify these Terms of Use from time to time and such modifications shall be effective upon posting by TVGfree on the Site. You agree to be bound by any changes to these Terms of Use when you use TVGfree.net after any such modification is posted. Your use of TVGfree.net includes these Terms of Use and TVGfree's Privacy Policy. Some of the services offered on TVGfree.net may be subject to additional terms which are posted on the Site in connection with those services, and are incorporated by reference into these Terms of Use. In the event of any inconsistency between these Terms of Use and additional posted conditions, the provisions of the additional posted conditions shall control.

TVGfree reserves the right, in its sole discretion, to suspend, or terminate your access to all or any part of TVGfree.net or any of the services at any time, for any or no reason, with or without prior notice, and without liability.

Your Conduct on the Site

In order for TVGfree.net to be enjoyable for all users, you agree that you will not use the Site and/or services for any inappropriate, improper or illegal purpose. In addition, you agree to visit our Site only to send and receive messages and material that is proper and related to that particular forum. If you choose a handle name that, in TVGfree's sole discretion, is inappropriate, we reserve the right, without prior notice to you, to automatically change your handle name and deny you access to the Site and/or services.

Registration and Passwords

If you register on the Site, you agree to provide us with accurate information. In order for us to provide you with our services, we ask that you update your information to keep it accurate and current. When you set up accounts or sign up for certain services offered on the Site, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your accounts and password and you agree not to share your password with any third parties. You agree to immediately notify us if you suspect any unauthorized use of your password or accounts or any other breach of security. You are solely responsible for any and all use of your password and accounts.

Non Commercial Use

TVGfree.net is for the personal use of its users and may not be used in connection with any commercial activities except those that are specifically endorsed or approved by the management of TVGfree. Illegal and/or unauthorized use of TVGfree.net, including collecting names and/or email addresses of users of the Site by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to TVGfree.net will be subject to investigation. Appropriate legal action will be taken by TVGfree for any illegal or unauthorized use of TVGfree.net.

Proprietary Rights of TVGfree

TVGfree owns and retains all proprietary rights in the TVGfree.net website and all content and services offered on or in connection with TVGfree or TVGfree.net contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound. TVGfree owns the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in all content original to it. Each third party content provider owns the copyright in content original to it. Except for that information which is in the public domain or for which you have been given written permission by TVGfree or the copyright owner, you may not copy, modify, publish, transmit, distribute, perform, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of TVGfree.net or any portion thereof.

Copyright Policy

You may not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owners of such proprietary rights. TVGfree may, in appropriate circumstances and at its sole discretion, suspend or terminate your use of TVGfree.net and take other actions against any member who infringes the copyright rights of others.

Patent Notice

Products and services offered by TVG, including the TVG.com and TVGfree.net websites, are covered under one or more of the following United States patents: 6,554,709; 6,554,708; 6,089,981; 6,004,211; 5,830,068 to ODS Technologies, L.P. and/or its subsidiaries.

Privacy

TVGfree is committed to protecting your privacy. Please see our Privacy Policy for details.

Disclaimers

TVGfree is not responsible for any incorrect or inaccurate content posted on TVGfree.net or in connection with the services provided, whether caused by users of the Site, or by any of the equipment or programming associated with, or utilized in, the Site and/or the services provided. TVGfree is not responsible for the conduct, whether online or offline, of any user of the Site and/or services provided. For your information, the date we (or any of our suppliers, including Equibase Company LLC) provide or compile generally is accurate, but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing and other causes. Accordingly, we along with our data providers and suppliers, including Equibase Company LLC, disclaim responsibility for the consequences, if any, of such errors and omissions, but would appreciate notification of any errors. TVGfree assumes no responsibility for any interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. TVGfree is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the Internet or the Site or any combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with TVGfree.net and/or the services. Under no circumstances shall TVGfree be responsible for any loss or damage, including personal injury or death, resulting from use of TVGfree.net or the services or from any content posted on TVGfree.net or transmitted to users of the Site, or any interactions between users of the Site and/or the services provided, whether online or offline. TGfree.net and the services are provided "AS IS" and TVGfree expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TVGfree cannot guarantee and does not promise any specific results from use of TVGfree.net and/or the services.

Limitation on Liability

IN NO EVENT SHALL TVGFREE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF TVGFREE.NET OR THE SERVICES, EVEN IF TVGFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TVGFREE'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TVGFREE FOR PARTICIPATION ON TVGFREE.NET AND/OR USE OF THE SERVICES.

Availability of Services

The Site is accessible internationally, and, therefore, TVGfree.net may contain references or cross references to TVGfree products and services that are not accessible in your country or state. Such references do not imply that TVGfree intends to market or offer such products or services in your country or state. Links to Other Websites, Resources and Advertisers The Site contains links to third party websites, resources and advertisers. TVGfree is not responsible for the availability of these external websites nor does it endorse or is it responsible for the content, advertising, products or other materials made available on or through such websites. Your use of third party websites is subject to the terms of use and privacy policies that govern those sites. Under no circumstances shall TVGfree be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a TVGfree.net visitor in connection with such websites.

License to Your Content

You hereby grant to TVGfree a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any message you post on the Site and/or any email sent by you to TVGfree and/or to incorporate it in other works in any form, media or technology now known or later developed.

Jurisdiction

TVGfree makes no representation that the content on the Site is appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms of Use and the Privacy Policy, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York, NY. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Indemnity

You agree to indemnify and hold TVGfree, its subsidiaries, affiliates, officers, agents, and other partners, employees and service providers, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the services in violation of these Terms or the Privacy Policy and/or arising from a breach of these Terms or the Privacy Policy t and/or any breach of your representations and warranties set forth above.

Other

This Agreement is accepted upon your use of TVGfree.net. The failure of TVGfree to exercise or enforce any right or provision of these Terms or the Privacy Policy shall not operate as a waiver of any such right or provision. Please contact us with any questions regarding these Terms or the Privacy Policy at:

TVGfree Customer Service
19545 N.W. Von Neumann Drive, Suite 210
Beaverton, OR, 97006
E-mail: questions@TVGfree.net

Last updated: October 23, 2006.
© ODS Technologies, L.P. 2006. All rights reserved.