TERMS OF USE & PRIVACY POLICY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING
WHATZ HAPPENIN TV. COM (the "Site"). This Site is fully
controlled and
operated by Whatz Happenin TV ("WHTV", "we”,
or "us"). By accessing and using this Site, you are
hereby agreeing to be legally bound by the terms and conditions
of WHTV (the "Agreement"). Please note that this Site
and the Services (as defined below) offered are only open to users
13 years of age or older. If you do not agree with all of the
following terms and conditions, please do not use this Site. By
registering for this Site, you will automatically be registered
to use WHTV other websites, and all of the services offered by
each, including but not limited to chat rooms, message boards,
email services.
We
reserve the right, at our sole discretion, to change, modify,
or otherwise alter these terms and conditions at any time. Such
changes and/or modifications shall become effective immediately
upon the posting thereof. Without limiting the foregoing, we may
occasionally notify you by email about changes to the Site or
provide notices of changes by displaying notices or links to notices
to you generally on the Site. Please review the terms and conditions
periodically. Your continued use of the Site following the posting
of changes and/or modifications will constitute your acceptance
of the revised terms and conditions. For your information, this
page was last updated on January 21, 2003.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations,
audio clips, video clips, artwork, graphic material, or other
copyrightable elements, and the selection and arrangements thereof,
and trademarks, service marks and trade names (the "Material")
are the property of WHTV and/or its subsidiaries, affiliates or
assigns or WHTV’s licensors or other respective owners and
are protected, without limitation, pursuant to U.S. and foreign
copyright, trademark and other applicable laws. WHTV hereby grants
you a personal, non-exclusive, non-assignable, and non-transferable
license to use and display the Material for noncommercial and
personal use only provided that you maintain all copyright and
other notices contained in such Material. You agree not to
reproduce, modify, create derivative works from, display, perform,
publish, distribute, disseminate, broadcast or circulate any Material
to any third party (including, without limitation, the display
and distribution of the Material via a third party website) without
the express prior written consent of WHTV. Use of WHTV and/or
its licensors' Material is only permitted with their express written
permission. You further agree that you will not disassemble, decompile,
reverse engineer, or otherwise modify the Material. Any
unauthorized or prohibited use may subject the offender to civil
liability and criminal prosecution under applicable federal and
state laws.
MESSAGING SERVICES
(E.G. EMAIL AND WHATZ HAPPENIN TV.COM MESSAGING.)
1. Description of Services:
During registration, you will be asked to provide current, complete,
and accurate information as prompted to so do. You will then enter
your registered username and password. Your username and password
will be used for all Services offered by the Sites. You are entirely
responsible for maintaining the confidentiality of your username
and password. A user's IP address and identity will not be displayed
in connection with the Services, unless the user selects this
option during registration and customization of the
Services. All information requested during registration shall
be referred to as the "Registration Data". Please read
the WHTV for information on how WHTV collects and uses user's
personal information. Notwithstanding the terms of the WHTV Privacy
Policy, you grant to WHTV the right to disclose the Registration
Data to third parties for the purposes of administering and maintaining
the Services. Furthermore, while it is
WHTV's policy to respect the privacy of its users, including information
about user's use of the Services, including the contents of users'
email and messages ("Email Content"), WHTV reserves
the right to monitor, edit or disclose any personal information
about the
user, his/her use of the Services, or such contents, in the event
that WHTV believes that such action is necessary in order to:
1)
conform to legal requirements or comply with legal process;
2)
to protect and defend the rights of WHTV; 3) to enforce the
Terms of Service; or
4)
to act to protect the interests of its members and others.
You agree to notify WHTV immediately in the event that you believe
that there is unauthorized use of your account.
2.
Advertising.
Users may from time to time enter into correspondence with or
participate in the promotions of advertisers through the Services.
All such correspondence, including, without limitation, any resulting
contractual agreements, are solely between the advertiser and
the user and, as such, WHTV shall not be responsible for upholding
any applicable terms, conditions, representations of warranties
made by advertiser or user in connection therewith.
3.
User Storage Space.
The amount of storage space per user is limited. Some messages
may not be processed due to space constraints or outbound message
limitations. WHTV assumes no responsibility for the deletion
or failure to store, deliver, or deliver in a timely manner
email messages.
4. Rules of Conduct.
You agreed that your use of the Services is subject to all applicable
local, state, national and international laws and regulations
and you are solely responsible for all acts or omissions that
occur under your account or password, including, without limitation,
the contents of your transmissions through the Services. User
agrees not to:
* Disseminate content intended to harass, abuse, threaten, impersonate
any other
individual or entity, disseminate obscene, defamatory, indecent,
harmful, libelous, unlawful, and/or other objectionable material/information.
*
Use the Services for the purposes of sending junk email, chain
letters, duplicative
or unsolicited messages, or "spamming" or in connection
with contests, surveys,
or pyramid schemes.
*
Use the Services for commercial purposes, including, without
limitation, for the
advertising or offering of goods or services.
* Transmit or upload programs or material that contain viruses,
time bombs, cancel bots, worms, trojan horses or other harmful
or deleterious programs.
* Transmit or upload any material that contains software or
other material that is
protected by intellectual property laws and/or would infringe
upon rights of privacy or publicity of a third party unless
user owns or controls the rights thereto or has received a license,
permission, and/or consent thereto.
* Try to gain unauthorized access to the Services, other users'
accounts, or computers connected to the Services though password
mining or other means.
* Violate any applicable laws or regulations, including, but
not limited to, laws regarding the transmission of technical
data or software exported from the United States through the
Services.
* Interfere with another user's use and enjoyment of the Services
or any other
individual's user and enjoyment of similar services.
5. Termination of the Services
WHTV may terminate the Services at any time with or without cause.
WHTV shall not be liable to user of any other party for termination
of the Services. If user should object to any of the terms and
conditions of the Services, user may 1) discontinue use of the
Services or 2) cancel his/her membership to the Services by sending
an email from the email address submitted during registration
to remove@whatzhappenintv@aol.com. The
subject lines of the mail should read, "remove <username>"
where <username>represents the name the user uses to log
in. The body of the email should
include the member's username, password, date of birth and email
address. Whatz Happenin TV.com will send a confirmation when the
user's account is deleted Upon
termination of the Services, WHTV will have no further obligation
thereafter to forward any unread or unsent messages to user or
any other party.
6. Disclaimer and Limitations of Liability
WHTV is not liable for failure to monitor or edit messages sent
over the Services. WHTV does not endorse the content of users'
communications and does not assume liability for any threatening,
libelous, obscene, harassing, or offensive material contained
therein; User is responsible for maintaining the confidentiality
of user's passwords and for all activities which occur under user's
account. COMMUNITY STANDARDS AND SUBMISSIONS To the extent that
portions of this site provide users an opportunity to submit,
post and/or exchange information, ideas, opinions, photographs,
images, video, creative works, or any other material (hereafter,
the "Posting(s)"), please be advised that Postings do
not necessarily reflect the views of WHTV. In no event shall WHTV
assume or have any responsibility or liability for any Postings
or for any claims, damages, or losses resulting
from their use and/or appearance on this site. By submitting a
Posting, you authorize WHTV to use, and authorize others to use,
such Postings in whole or in part, throughout the universe in
perpetuity in any and all media, now known or hereafter devised,
alone, or together or as part of other material of any kind or
nature. By submitting a Posting, you represent and warrant that
you have all necessary rights in such Posting and all information
contained therein and that such Posting does not contain libelous,
tortuous, or otherwise unlawful information which may infringe
upon the right of any third party. If your Posting incorporates
the name, voice, likeness or image of any individual, you represent
and warrant that you have the right to grant WHTV permission to
use such name, voice, likeness and/or image of such individual
appearing in the Posting in all media throughout the world in
perpetuity. Without limiting the foregoing, WHTV will have the
right to use and change the
Postings in any manner that WHTV may determine. Please be advised
that in no event shall WHTV assume or have any responsibility
or liability for the manner in which the Posting is exploited
or for any claim, damages, or losses resulting from their use
and/or
appearance on WHTV's websites, affiliated television programming
services or elsewhere. Please also understand that your Postings
shall not be returned by WHTV. You agree to defend, indemnify
and hold WHTV, it parent, affiliated subsidiary and/or related
entities and parties harmless from and against any breach or alleged
breach of any of your representations, warranties or undertakings
hereunder. If you believe that any information provided on this
Site violates the Rules of Participation, Terms of Use of this
Site, or otherwise infringes upon the rights of any third party,
please send us e-mail.
CONTESTS
AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
WHTV provides Rules of Participation for certain activities on
this Site including, without limitation, e-mail services, contests,
sweepstakes, and auctions by WHTV and in conjunction with third
parties. This Agreement is incorporated by reference to the
specific Rules of Participation, which appear in connection with
information about a particular activity. To the extent that any
conflict exists between this Agreement and specific Rules of Participation,
the Rules of Participation for the activity in which you choose
to participate shall govern. DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WHTV is not responsible or liable
for any infections or contamination of your system, or delays,
inaccuracies, errors, or omissions arising out of your use of
this Site or with respect to the information and material contained
on this Site. The entire risk as to the quality, accuracy, adequacy,
completeness, correctness, and validity of any material rests
with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WHTV, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS,
REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT
BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY
TO USE, THE MATERIALS CONTAINED ON THIS SITE
WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY WHTV
OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event
shall
WHTV's liability to you for any and all claims, damages, losses,
and causes of action (whether in contract, tort or otherwise)
exceed the amount paid by you, if any, for accessing this Site.
HYPERLINKS
TO THIRD PARTY SITES
The appearance of external hyperlinks does not constitute endorsement
by WHTV, its subsidiaries and affiliates of the opinions or views
expressed by these linked websites and WHTV does not verify, endorse,
or take responsibility for the accuracy, currency,
completeness or quality of the content contained in these sites.
Furthermore, WHTV is not responsible for the quality or delivery
of the products or services offered, accessed, obtained by, or
advertised by such sites. As such, neither WHTV, its subsidiaries
and
affiliates will be responsible for any errors or omissions or
for the results obtained from the use of such information contained
in these sites. To the extent that these sites collect personal
information (the "Information") or Postings from the
end user, be advised that in no event shall WHTV assume or have
any responsibility or liability for the manner in
which the Information or Postings are exploited or for any claims,
damages, or losses resulting from their use and/or appearance
on these sites. Finally, WHTV will under no circumstances be liable
for any direct, indirect, incidental or special loss or other
damage, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights,
caused by the exhibition, distribution or exploitation of any
information or content contained within these sites.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, WHTV, its affiliates,
and their respective officers, directors, employees, agents, licensors,
representatives, and third party providers to the Site from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
by you. WHTV reserves the right to assume, at its sole expense,
the exclusive defense, and control of any matter subject to indemnification
by you, in which event you will fully
cooperate with WHTV in asserting any available defenses.
MISCELLANEOUS
WHTV operates and controls this site from its offices at 1529
Spring Rd. Suite E, Smyrna, GA 30080, United States of America.
This site is intended exclusively for
residents of the United States including residents of the United
States, its territories and possessions. No software from this
Site may be downloaded, exported, or reexported in violation of
any law including, without limitation, to countries that are subject
to U.S. export restrictions. This Agreement contains the entire
understanding and supersedes all prior understanding of the parties
hereto relating to the subject matter hereof, and cannot be changed
or terminated orally. If any provision of this Agreement is found
to be illegal
or unenforceable, the Agreement will be deemed curtailed to the
extent necessary to make it legal and enforceable and will remain,
as modified, in full force and effect. This Agreement and all
matters or issues collateral thereto will be governed by, construed
and enforced in accordance with the Laws of the State of Georgia
applicable to contracts executed and performed entirely therein
(without regard to any principles of conflict of laws), and jurisdiction
for any court action in the State and County of Georgia.
OUR PRIVACY POLICY
We are committed to protecting our users privacy. To that end,
we offer this statement to inform our users of how we define,
gather, and utilize personal information. We reserve the right,
at our sole discretion, to change, modify, or otherwise alter
this policy at any time. Such changes and/or modifications shall
become effective immediately upon the posting thereof. Without
limiting the foregoing, we may occasionally notify you by email
about changes to the Site or provide notices of changes by displaying
notices or links to notices to you generally on the Site. Please
review this policy periodically. Your continued use of the Site
following the posting of changes and/or modifications will
constitute your acceptance of the revised privacy policy. For
your information, this page was last updated on January 21, 2003
We define personal information as information that includes a
person's full name, address, telephone number, date of birth and/or
email address or any other information that is tied to individually
identifiable information that would allow someone to identify
or contact you, unless stated otherwise herein or on the Site.
We can gather information on our users in two different ways:
(1) cookie technology; and (2) voluntary submissions. We utilize
cookie technology to collect data regarding the number of visits
a person has
made to our site. This data is stored in aggregate form and is
in no way singled out in an individual file. This information
allows us to know what pages/sites are of interest to our users
and what pages/sites may be of less interest. Such information
is utilized in revising the website to better meet our users needs
and interests.
We also collect personally identifiable information from users
through voluntary submissions. We use good faith efforts to make
it clear why the information is being
collected and what it will be used for. In the event that this
information is being shared with a third party affiliate, sponsor
or advertiser, we will use good faith efforts to post a notice
on the Site clearly stating that the information is being shared
and/or give the user
the opportunity to opt-in to authorize the sharing of such information.
Unless specified otherwise on the Site, users must be 18 years
or older before registering
in any of our sweepstakes or contests. When sweepstakes or contests
are open to users 13-17 years old, we will collect only first
and last names, phone numbers and email addresses for prize fulfillment
purposes only, unless otherwise stated on the Site. If a
sweepstakes or contest winner is under 18 years old, we will require
a consent form signed by the winner's parent or guardian in order
to award the prize. We have taken steps to ensure that personally
identifiable information collected is secure, including limiting
the number of people who have physical access to its database
servers, as well as electronic security systems and password protections
which guard
against unauthorized access.
WHATZ
HAPPENIN TV.COM