USER AND MEMBER AGREEMENT AND TERMS OF SERVICE
This agreement was last updated on: November 2013
Please read this whole agreement before accessing nextgeneration.tv. By accessing these Sites, you are agreeing to the following terms:
1. Introduction. Next Generation TV ("NEXTGEN," "we" or "us") provides various types of content and interactive online services on the Internet and via mobile devices (the “Services”) originating through our websites at www.nextgeneration.tv and any associated sites (the "Sit" or "Sites" regardless of access technology used). As used in this Agreement, NEXTGEN also includes its affiliates, subsidiaries and sub-licensees, and Sites include any websites we subsequently implement.
NEXTGEN has public areas that can be accessed by anyone and other areas that require payment of membership or subscription fees. Everyone who accesses the Sites is referred to as a “User.” Specific terms relating to membership and subscriptions are found here.
2. Types of Content. As used in this Agreement "Content" means, collectively, the text, data, graphics, images, scripts, photos and video files, audio files, and all meta data made available through the Sites, and regardless of who created or uploaded the Content. Unless modified, the term Content refers to all Content, including but not limited to the following three categories of Content:
"User Content" means, collectively, the Content which you and other Users upload to the Sites, and which is intended to be visible to others. NEXTGEN is under no obligation to allow User Content. User Content includes comments.
"NEXTGEN Content" means the Content we upload to the Sites.
"Third Party Content" means Content created by a third party that we, or a third party with our consent, uploads to the Sites. We reserve the right to remove and permanently delete any Content from the Sites without notice.
3. User Content. We may periodically invite Users to submit User Content either in the form of comments posted to other Content, or Content such as text, comments, videos, images, audio files etc. created by Users, and submitted to NEXTGEN. Unless otherwise specified, NEXTGEN does not pre-screen, edit, or fact-check User Content. By displaying User Content, NEXTGEN does not assume any liability for that Content. NEXTGEN reserves the right to display, refuse to display, or modify User Content submitted to us.
By submitting User Content to NEXTGEN you grant NEXTGEN a worldwide, perpetual, sub-licensable, transferable license to use, display distribute, publicly perform, modify and reproduce your Content in any manner and by any means, whether now known or hereafter devised, whether electronic or otherwise.
By submitting User Content to NEXTGEN you represent and warrant that you own the copyrights to that Content, that it is original and has not previously been published elsewhere. You further represent and warrant that any text, photographs, videos, audio recordings or quotes in the Content you submit has not been altered in any way other than for clarity or brevity, unless you clearly notify NEXTGEN of such changes at the time you submit Content to NEXTGEN. You also represent and warrant that no User Content that you submit violates the rights of any third party.
By submitting User Content to NEXTGEN you agree that you will indemnify, defend and hold NEXTGEN harmless from and against any costs, losses, damages and expenses resulting from any claim, suit, action, or proceeding brought by any third party against NEXTGEN alleging that your User Content has violated any rights of any third party.
We reserve the right to remove any User Content at any time, and for any reason. We are not obligated to accept any User Content. If we do accept User Content, Our guidelines for User Content are: (i) Avoid profanities or foul language unless it is contained in a necessary quote or is relevant to the Content; (ii) Comments should be on topic; (iii) Disagreement is fine, but avoid ad-hominem attacks; (iv) Spam and commercial advertisements are not allowed; and (v) We treat threats seriously and report them to law enforcement.
While not User Content, Users can also submit ideas and questions to us that are not visible to others. Any and all ideas, suggestions and the like provided by you with respect to the Sites and Services will be the property of NEXTGEN. You hereby assign to NEXTGEN all right, title and interest worldwide in such ideas or suggestions and any related intellectual property rights, and you agree to assist NEXTGEN, at NEXTGEN’S expense, in perfecting and enforcing any such rights.
4. Ownership and Use of Non-User Content. Except for User Content, NEXTGEN, its advertisers and its licensors own all right, title and interest, including all worldwide intellectual property rights in: the Sites, the Content, the Services, the organization, compilation, look and feel of the Sites, advertisements appearing on or linked to from the Sites, trademarks, service marks and logos contained on the Sites and all other code, scripts, data and meta data appearing on, or incidental to the storage and display of the Content and the Sites, collectively referred to as "the IP."
You may access and use the IP solely for your own personal use. You may not transfer, assign, sublicense, relicense this right of access and use to anyone. This right of access and use does not convey any ownership rights whatsoever, it is a license.
You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IP.
You may not sell, publish, distribute, retransmit, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the Sites or otherwise exploit the Site Content and the Content.
You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another website or service. While you are invited to post short excerpts from our Content when you link to it, except in that limited situation, you agree not to post any Content from the Sites to websites, weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without NEXTGEN’s express written consent.
5. Third Party Links and Links to NEXTGEN’s Sites. We may provide links to other Websites or resources over which NEXTGEN does not have control ("External Websites"). Such links do not constitute an endorsement by NEXTGEN of those External Websites. You acknowledge that NEXTGEN is providing these links to you only as a convenience, and further agree that NEXTGEN is not responsible for the content of such External Websites or any business dealings you may have with such External Websites. Your use of External Websites is subject to the Terms of Service and Privacy Policies located on the linked External Websites.
Certain other Websites may link to these Sites. You may provide links to our Sites from your Website as long as you do not link to our Sites by any means that give visitors to your own Website the impression that you are linking to pages that are within your own Website, or that NEXTGEN endorses your Website, sponsors your Website, or is in any way affiliated with your Website. You shall not attribute a link on your Website to our Sites and then link somewhere else. Do not frame any Content or other Materials from our Sites or otherwise present the Content or other Materials as your own.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF REMEDIES NEXTGEN, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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.
NEITHER NEXTGEN NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITES, THE SERVICES, OR THE MATERIALS ON THE SITES, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF NEXTGEN WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER NEXTGEN NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Information from Other Sources: Our Sites contain compilations and summaries of information provided by governmental as well as from other public sources. While we attempt to review and verify the information, we cannot guarantee its accuracy.
Forward-Looking Statements: Our Sites may contain statements and predictions that are forward-looking, that is they contain information about the state of the economy, projected tax rates, etc. These forward-looking statements are based on certain assumptions and reflect our current expectations. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. There is no assurance that any forward-looking statements will materialize. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of publication of a specific webpage. Except as may be required by applicable law, we disclaim any intention or obligation to update or revise any forward-looking statements.
Financial Plans and Projections: Our Sites and some products available through our Sites provide the ability to learn about the impact of the economy on personal financial plans. This information and the tools we may provide are for educational purposes only. Our calculators and tools should be seen as providing additional information to be used in an individual financial plan. However, they should not be viewed as financial plans themselves, nor are they a substitute for advice from professional financial planners, accountants and attorneys. Financial and tax advice should be obtained from certified, licensed or authorized individuals. The information provided on our Sites and with our tools and calculators can assist you in organizing the information that these professional can use to create your individual financial plan, and can provide information and educational background to assist you in making decisions about your financial future.
You acknowledge and agree that these Sites and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Content. You acknowledge that none of the Content have been independently verified or authenticated in whole or in part by NEXTGEN, and agree that NEXTGEN does not warrant the accuracy or timeliness of the Content and further agree that NEXTGEN has no liability for any errors or omissions in the Content, whether provided by NEXTGEN or its licensors. You further agree that the quality and the accessibility of the Content may be affected by your Internet Service Provider, by the computer on which you access the Content and by other factors beyond the control of NEXTGEN. Although we require that you test your access prior to signing up, factors beyond NEXTGEN’s control may change your ability to access the Content. As such, your sole remedy is to cease using the Sites, or for paid memberships and subscriptions, to cancel your membership or subscription.
7. Rules for Using the Sites. The Sites may be accessed and used only for lawful purposes. You agree to abide by all local, state, Federal and foreign laws, treaties and regulations that cover your use of the Sites.
Don’t do anything to violate or attempt to violate any security and access control provisions implemented in or in connection with the Sites, the Services or the Content; or do anything to interfere or attempt to interfere with the operation of the Sites or the display of the Content.
By way of example only, do not:
You are also prohibited from:
- Take any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Sites, the Services or the Content;
- Log in with a password not assigned to you; access Content not intended for you;
- Test the security measures on the Sites and/or attempt to identify system vulnerabilities;
- Forge any of the header information in any posting or tamper with the TCP/IP packet header;
- Use the Sites or Services to send altered, deceptive or false source-identifying information;
- Modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Sites and/or the Services;
- Attempt to probe, scan or test the vulnerability of any NEXTGEN system or network or breach or impair or circumvent any security or authentication measures protecting the Sites or Services
- Impersonating or misrepresenting your affiliation with any person or entity;
- Committing fraud;
- Logging on to the Sites from more than one computer at a time;
- Using the Sites or Services in any manner not permitted by this Agreement or encouraging or instructing any other individual to do so;
- Allowing a third party to access The Content under your account;
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. NEXTGEN reserves the right to terminate these Terms of Service and prohibit your access to the Sites or the Services for any action that NEXTGEN, in its sole judgment, determines to be inappropriate or disruptive to the Sites, Services or to any other user.
Remember, you are solely responsible for all activities on the Sites initiated through your User Name and password.
We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
Also, we may refuse to grant you a Screen Name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
If we become aware of any breach of this Agreement or the foregoing rules we will investigate and may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders.
NEXTGEN reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on NEXTGEN, and NEXTGEN does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Sites or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Sites and Services is undertaken at your own risk and NEXTGEN is not responsible for any offensive or otherwise objectionable materials in the Materials.
8. Modification or Termination. NEXTGEN reserves the right to modify the Sites, the Services and the Content at any time, without notice to you. NEXTGEN reserves the right to terminate, in whole or in part, the Sites, the Services and the Content, without notice to you. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
Any suspension, termination or cancellation will not affect your obligations to Us under Sections which by their sense and context are intended to survive such suspension, termination or cancellation.
9. Third Party IP rights. NEXTGEN respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement and appears on our Sites or through the Services, please provide our copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Sites;
- Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its website is Nina Yablok who can be reached as follows:
Attention: Nina Yablok
By mail: 1313 N Milpitas Blvd. Suite 139, Milpitas, CA 95035
By email: firstname.lastname@example.org
10. General. NEXTGEN Media controls and operates these Sites from its headquarters in the State of California in the United States and makes no representation that the Content are appropriate or will be available for use in locations other than the United States. If you use these Sites from outside California or the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content. These Terms of Service will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You may bring any disputes, actions, claims, or causes of action related to these Terms of Service or in connection with these Sites only in the federal and state courts located in Los Angeles County, California. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of NEXTGEN to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NEXTGEN in writing.
These Terms of Service comprise the entire agreement between you and NEXTGEN and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
MEMBERSHIP AND SUBSCRIPTION TERMS
Certain areas of our Sites and certain content may be accessible only to those who become members or purchase subscriptions. Specific rights associated with these memberships and subscriptions are displayed when they are purchased. However, all memberships and subscriptions are subject to the following terms. By purchasing a membership or subscription you are agreeing to these rules.
Becoming a Member. To become a Member you must be at least 18 years of age. As a Member you will pay fees as set forth on our subscription page. When you register, you will be asked to enter your email address, choose a password and a screen name. You are responsible for safeguarding your password and you agree not to disclose your password to any third party, nor may you allow a third party to access The Content under your account. Your password is personal to you, and access by any other person, even with your permission is not allowed. Household members may watch The Content with you. You agree that you will be solely responsible for any activities or actions taken under your email address or password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.
If you become a Member, you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to this Agreement; and (b) electronic records to store information related to this Agreement and your use of the Sites and Services.
Fees and Payments. You agree to pay the fees and any other charges incurred in connection with your User Name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. Our subscriptions run both monthly and annually. They will start on the date you register and renew on that same date each month or year (your "Renewal Date").
We will bill all charges automatically to your credit card or your PayPal account each month or year on your monthly or annual Renewal Date. Unless we state in writing otherwise, all fees and charges are nonrefundable. Therefore if you cancel prior to your Renewal Date, your cancellation will go into effect at the end of that period on your Renewal Date. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. Changes in fees will always go into effect on the next Renewal Date.
If you believe someone has accessed the Service using your User Name and password without your authorization, please notify us through the Support link on the Sites. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Renewal, Modification and Cancellation. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail, receipt of which must be confirmed by email reply from us, of your decision to cancel your subscription. You must cancel your subscription 72 hours prior to any Renewal Date in order to avoid billing of subscription fees for the next membership period to your credit card. If you cancel, you will have access until your next Renewal Date regardless of the date of your cancellation.
You may also change your membership program. Current membership programs can be viewed on the subscription page. All membership changes will take effect, and be billed at the beginning of your next membership period.
No refund will be given in the event we terminate the Sites or the Services, or your access thereto in the middle of a subscription period. However, upon termination, no further fees will be due or collected.
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