1. ACCEPTANCE OF TERMS.
Take30TV.com (hereinafter, "Take30TV") provides our services toyou subject to the following Terms of Service ("TOS"). Any updates tothis TOS will be posted on the Take30TV website, and your continued use of ourservices after any such update constitutes binding acceptance of such changes. 2. DESCRIPTION OF SERVICE.Take30TV is an online service that provides, among other things,entertainment-related, commercial, informational, educational, andcommunications-related content, tools, and links (collectively, the"Service"). Unless explicitly stated otherwise, any new featuresadded to or augmenting the Service are subject to this TOS. 3. UNLAWFUL USE AND CONDUCT.You agree that your use of the Service must comply with all applicablelocal, state, national, and international laws, and that you will not use theservice for any illegal purpose. 4. MEMBERSHIP.Some functions of this Service mayrequire you to register as a member ("Member") by entering a uniquemember name ("Member ID") and password, and providing certaininformation about yourself. In registering to be a Member, you represent thatyou are of legal age to form a binding contract, and agree to provide accurate,current, and complete information about yourself as prompted, and to maintainand promptly update the information to ensure that it remains accurate,current, and complete. If you provide any information that Take30TV believes tobe inaccurate, not current, or incomplete, or if you select a Member ID that Take30TV,in its sole discretion, finds offensive or inappropriate, Take30TV has theright to suspend or terminate your account and refuse any and all current orfuture use of the Service. Membership in the Take30TV service is intended forteens and adults. Children under 16 years of age are not eligible to obtain aMember ID. You agree to (a) keep your password confidential and to only log in withyour Member ID and password, (b) ensure that you exit from your account at theend of each session, and (c) immediately notify Take30TV of any unauthorizeduser of your Member ID and/or password. You are fully responsible for allactivities that occur under your Member ID. Take30TV will not be liable for anyloss or damage arising from your failure to comply with this Section. 5. TAKE30TV.COM PRIVACY POLICY.Information that you provide at registration, as well as certain otherinformation about you, is subject to our Privacy Policy, available at http://www.Take30TV.com/. . 7. TERMINATION.You agree that Take30TV may, in its sole and absolute discretion and withoutnotice or liability to you or any third party, immediately terminate yourMember ID, and remove or discard from the Service any Content associated withyour Member ID. Grounds for such termination may include, but not be limitedto, (a) extended periods of inactivity, (b) violating or acting inconsistentlywith the letter or spirit of this TOS, (c) discontinuance or materialmodification of the Service, or (d) requests by law enforcement or othergovernment agencies. Take30TV may also in its sole discretion and at any time,discontinue providing this site and/or the Service, or any part thereof, withor without notice. 8. INTELLECTUAL PROPERTY.Take30TV does not claim ownership of the Content you place or otherwise makeavailable through the Service. By submitting Content for inclusion on theService, you grant Take30TV a world-wide, perpetual, royalty-free, andnon-exclusive license to use, reproduce, modify, adapt, publicly perform,publicly display and publish the Content solely for the purpose of providingand promoting the Service in any and all media. This license exists for as longas you elect to continue to include such Content on the Service and will terminateat the time you remove or Take30TV removes the Content from the Service. Except for any member-contributed Content, all aspects of the Service andthe www.Take30TV.com website, including but not limited to the graphics, text,audio, images, pictures, icons, movies, video, layout, and look and feel of thesite is protected by copyrights, trademarks, service marks, and/or otherproprietary rights under the laws of the U.S. and other countries. The web siteand all the content contained therein are, among other things, protected as acollective work or compilation under applicable U.S. law and other laws andtreaties. By using or accessing this Service you agree to comply with all stateand federal laws that protect Take30TV's proprietary interest in the materialappearing on the Service and the website. Except as expressly authorized byTake30TV, you agree not to modify, rent, distribute, lease, loan, sell, orexploit for any commercial purpose any portion of the Service, use of theService, or access to the Service, and not to create derivative works based onthe Service, in whole or in part. Take30TV does not want to receive confidential or proprietary information fromyou through the Service or by email. In the absence of an express writtenagreement between you and an authorized Take30TV employee, any material,information or idea you transmit to Take30TV by any means may be disseminatedor used by Take30TV or its affiliates without compensation or liability to youfor any purpose whatsoever, including, but not limited to, developing,manufacturing and marketing products. However, this provision does not apply topersonal information that is subject to our privacy policy, which is subject toseparate provisions. 9. TRADEMARKS AND SERVICE MARKS.Take30TV.com is a service mark of Tony J. Productions, Inc. All rights arereserved. 11. LINKING.Subject to the limitations specified in this Section, Take30TV grants you anon-exclusive, non-assignable, royalty-free license to use the Take30TV andTake30TV.com marks solely for the purpose of providing an underlined, hypertextlink from your web site to the home page of www.Take30TV.com (URLhttp://www.Take30TV.com). You agree not to deep link to any page that is one ormore layers beyond the home page, or to publish links to any page on theService other than the home page, except if you use codes authorized by theuser who uploaded the content and provided by Take30TV for the purpose oflinking from other sites. You also agree not to publish a link to www.Take30TV.comfrom any page that contains content, information, or other material prohibitedby Section 5 of this TOS. 12. FRAMING.By using or accessing this site or Service, you agree not to"frame" all or any portion of the site or Service unless you receivethe prior written consent of Take30TV, Inquiriesabout framing this site can be sent to the following e-mail address:
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Any decision to grant or deny a request to frame the site iswithin the sole discretion of Take30TV, its employees, agents, and appointeddesignees. 13. DISCLAIMER OF WARRANTIES.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS. TAKE30TV EXPRESSLYDISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUTNOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. TAKE30TV.COM ASSUMES NORESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, ORFAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USERCONTENT. (B) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE ISDOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTSFROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. (C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMTAKE30TV OR THROUGH THE TAKE30TV SERVICE SHALL CREATE ANY WARRANTY NOTEXPRESSLY STATED IN THE TOS. 14. LIMITATION ON LIABILITY.YOU UNDERSTAND AND AGREE THAT TAKE30TV SHALL NOT BE LIABLE TO YOU FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATAOR OTHER INTANGIBLE LOSSES (EVEN IF TAKE30TV HAD BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TOUSE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTINGFROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZEDACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS ORCONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TOTHE SERVICE. 15. EXCLUSIONS AND LIMITATIONS.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 16. INDEMNIFICATION.YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESSTAKE30TV.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT,ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST TAKE30TV, ITS EMPLOYEES,AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, ORADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR USE OF ORCONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANYRIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATIONAGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, ORADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THESERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTEROR MEMBER ID; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTEROR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT,ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TOTHE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, ORADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE ORACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK,SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARYRIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE,WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATIONPROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTIONWHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS,LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALLCOSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'SFEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM,SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING. 17. GOVERNING LAW.The TOS and the relationship between you and Take30TV shall be exclusivelygoverned by and construed in all respects under the laws of the State ofCalifornia, without giving effect to any choice-of-law or conflict-of-lawsprovisions. You and Take30TV further agree to submit to the personaljurisdiction of the state courts located in Los Angeles, California and the personaljurisdiction of the federal courts located within California for any and alllegal claims, suits or actions that arise in connection with this Service orfrom a dispute as to the interpretation or breach of the TOS. 18. WAIVER AND SEVERABILITY.The failure of Take30TV to exercise or enforce any right or provision of theTOS shall not constitute a waiver of such right or provision. If any of theprovisions of the TOS are held invalid, unenforceable, or void by a court orother tribunal of competent jurisdiction, the parties nevertheless agree thatthe court should endeavor to give effect to the parties' intentions asreflected in the provision, and the other provisions of the TOS remain in fullforce and effect. 19. ENTIRE AGREEMENT.The TOS constitutes the entire and only Agreement between you and Take30TVwith respect to the Take30TV Service, and supersedes any prior agreements, oralor written, between you and Take30TV. Any and all other collateralrepresentations, promises, and conditions; and any representation, warranty,promise or condition not incorporated herein or made as provided for in thisTOS shall not be binding on Take30TV. You also may be subject to additionalterms and conditions that may apply when you use affiliate or other Take30TV services,third-party content or third-party software. 20. NO THIRD PARTY BENEFICIARIES.You agree that, except as otherwise expressly provided in this TOS, thereshall be no third party beneficiaries to this agreement. 21. NO RIGHT OF SURVIVORSHIP; NON-TRANSFERABILITY.You agree that your Take30TV Member ID is non-transferable and any rights toyour Member ID or content terminate upon your death. 22. STATUTE OF LIMITATIONS.You agree that regardless of any statute or law to the contrary, any claimor cause of action arising out of or related to use of the Service or the TOSmust be filed within one (1) year after such claim or cause of action arose orbe forever barred. 23. SECTION TITLES.The section titles in the TOS are for convenience only and have no legal orcontractual effect. 24. VIOLATIONS.Please report any violations of this TOS to Tony J. Productions, Inc. at thefollowing address: 1100 Irvine Blvd. Suite 396 Tustin, CA 92780
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