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BROADCASTING NETWORK/KLING CORPORATION USER AGREEMENT
TERMS UNDER WHICH THIS SERVICE IS PROVIDED
RESTRICTIONS ON USE
This site is owned and operated by the KLING CORPORATION and contains material which is derived in whole or in part from material supplied by the KLING CORPORATION and Anthony N. Kling, and other sources, and is protected by copyright and trademark laws, the laws of the State of California and the United States of America, and international laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software ("Material"). You may download Material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
SPECIFIC RESTRICTIONS ON USE OF KLING CORPORATION MATERIAL
KLING CORPORATION text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Kling Corporation will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmissions or delivery of all or any part thereof for any damages arising from any of the foregoing.
Stream Linking. You may not link to KLING CORPORATION audio/video streams without written permission of the Kling Corporation.
LICENSE TO THE KLING CORPORATION
By posting messages, uploading files, inputting data, or engaging in any other form of communication (a "Communication") through this service, you are granting the KLING CORPORATION a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display any such Communication; and
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communication.
The foregoing grants shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or e-mail function offered as part of TELEVISIONINTERNET.COM. You shall not upload to, distribute through, or otherwise publish through TELEVISIONINTERNET.COM any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other TELEVISIONINTERNET.COM guests to join or become members of any commercial online service or other organization is expressly prohibited.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.turn to the Web site, please use the "Back" button on your browser.
This service may include bulletin boards and chat rooms ("Bulletin Boards") which allow feed-back to the KLING CORPORATION and real-time interaction between users. The KLING CORPORATION does not control the messages, information or files delivered to Bulletin Boards. It is a condition of your use of the Bulletin Boards and this Web site that you do not:
You understand that the KLING CORPORATION has no obligation to monitor the Bulletin Boards. However, the KLING CORPORATION reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the KLING CORPORATIONs sole discretion are objectionable or in violation of these Terms and Conditions.
This site is controlled and operated by the KLING CORPORATION from its offices within the State of California, United States of America. The KLING CORPORATION makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all KLING CORPORATION site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from the KLING CORPORATION if in the KLING CORPORATION'S sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other KLING CORPORATION site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
THE KLING CORPORATION HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER THE KLING CORPORATION NOR ITS AGENTS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KLING CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE KLING CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KLING CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT THE KLING CORPORATION) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KLING CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE KLING CORPORATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KLING CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE KLING CORPORATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, the KLING CORPORATION explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to TelevisionInternet.com (and other KLING CORPORATION site) from third parties not associated with the KLING CORPORATION. TelevisionInternet.com encourages discretion when browsing the Internet using our or anyone elses service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the KLING CORPORATION cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.The KLING CORPORATION cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from TelevisionInternet.com. The KLING CORPORATION does not endorse any of the merchandise, nor has the KLING CORPORATION taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. The KLING CORPORATION does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Goods or services appearing on TelevisionInternet.com for sale in conjunction with the TVI Store are merely advertisements or promotions of other sellers' goods.. The KLING CORPORATION does not sell nor resell these products or services. Rather, the KLING CORPORATION merely informs visitors to TelevisionInternet.com of the availability of such goods or services. Photographs and text appearing on TelevisionInternet.com for such goods are provided by their owners/sellers and provide links to the sellers' home page or product page.The KLING CORPORATION cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that advertises on TelevisionInternet.com, since these other sites, products and services are owned and operated by independent retailers. The KLING CORPORATION DOES NOT SUGGEST, NOR INTENDS TO SUGGEST, THE SAFETY OR HEALTH OF CONSUMING OR USING PRODUCTS APPEARING ON TELEVISIONINTERNET.COM; MOREOVER, THE KLING CORPORATION DOES NOT SUGGEST, NOR INTENDS TO SUGGEST, THAT PRODUCTS APPEARING ON TELEVISIONINTERNET.COM HAVE ANY RELEVANCE TO SHOWS, STORYLINES, OR CAST MEMBERS OF TELEVISIONINTERNET.COM. BEFORE CONSUMING OR USING ANY PRODUCT ONE SHOULD ALWAYS CONSULT WITH A PHYSICIAN; IF YOU START TO FEEL ANY EXHAUSTION, PAIN, OR ABNORMAL CONDITIONS, YOU SHOULD IMMEDIATELY SEEK PROMPT MEDICAL ATTENTION. The KLING CORPORATION does not endorse any of the merchandise, nor has the KLING CORPORATION taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE KLING CORPORATION DISCLAIMS ANY RESPONSIBILITY FOR THE SALE OR TRANSACTION OF SUCH GOODS AND SERVICES; FOR STATEMENTS OFFERED IN CONJUNCTION WITH THE SALE OF SUCH GOODS AND SERVICES; AND FOR ALL WARRANTIES FOR THESE GOODS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE KLING CORPORATION BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS OR SERVICES IN THIS SITE, EVEN IF THE KLING CORPORATION OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE KLING CORPORATION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Under no circumstances, including, but not limited to, negligence, shall the KLING CORPORATION, its subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use the KLING CORPORATION materials. You specifically acknowledge and agree that the KLING CORPORATION is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any the KLING CORPORATION material, or with any of the KLING CORPORATIONs terms and conditions, your sole and exclusive remedy is to discontinue using the KLING CORPORATION.
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