OnNowTV.com webChannel® Association Terms of Service

Last updated: July 3, 2011

License

Governing Agreement

The terms of this agreement ("Terms of Service") govern the relationship between you and OnNowTV.com Broadcasting Association (hereinafter "OnNowTV" or "Us" or "We") regarding your use of OnNowTV's Platform (the "Service"), affiliate services, other Association or Network services or products, or third-party software and/or services, and related services. OnNowTV.com Broadcasting Association is located at 7152 NW 112th Street, Oklahoma City, Oklahoma 73162.

When you use the Service, you accept the provisions of these Terms of Service. If you do not agree with the Terms of Service, do not use the Service.

Privacy Policy

Use of the Service is also governed by OnNowTV's Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. OnNowTV's Privacy Policy makes important disclosures about how we collect and use your content and information. We encourage you to carefully read the OnNowTV Privacy Policy.

By creating an account or accessing or using the Service you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in OnNowTV’s Privacy Policy.

Updates to the Terms of Service and OnNowTV Privacy Policy

OnNowTV reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and its Privacy Policy at any time by posting the amended Terms on the OnNowTV Service. You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. OnNowTV may also revise other policies, codes or rules at any time, and the new versions will be available on www.onnowtv.com or in the Service. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which OnNowTV had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms of Service, the OnNowTV Privacy Policy, or any other OnNowTV policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

To the extent the Terms of Service or OnNowTV Privacy Policy conflict with any other OnNowTV terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the OnNowTV Privacy Policy shall govern.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Grant of a Limited License to Use the Service

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant OnNowTV policies, such as the rules regarding Points, Sweepstakes, and Contests, OnNowTV grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations to access and use the Service outlined elsewhere in this document using an OnNowTV supported web browser or a mobile device.

Before accessing or using the Service, you must agree to these Terms of Service and the Privacy Policy. If you are a WebChannel owner or a Network owner ("Owners"), you will also be required to create an account on the Service (an "Account"). Casual users (a "User"), users who access the Service, are subject to these Terms of Service and the Privacy Policy. Registered users (a "Fan"), users who have registered with the Service ("Fan Account"), are subject to these Terms of Service and the Privacy Policy.

If you are an Owner, violation of any of the terms below will result in the termination of your Account. If you are a Fan, violation of any of the terms below will result in the termination of your Fan account and loss of any benefit accrued. If you are a User, violation of any of these terms will result in you being blocked from using the Service. You understand and agree that OnNowTV cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. Further, you agree that if you copy any portion of the Service you will be subject to legal action.

Accessing the Service

You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Service.

Use of the Service

The following restrictions apply to the use of the Service:

  1. You must be 18 years or older to create an Account or become a Fan and use the Service.
  2. You must be a human. Registering an Account or to be a Fan by “bots” or other automated methods are not permitted.
  3. You must live in a country or other political division that permits Account ownership and Fan registration.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process for either an Account or to be a Fan.
  5. You are responsible for all Content posted and activity that occurs under your Account or Fan membership (even when Content is posted by others who have accounts under your Account or who have access to your Account or Fan membership).
  6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  7. You shall not have an Account, be a Fan, or use the Service if you have previously been removed by OnNowTV;
  8. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or Fan membership to anyone without OnNowTV's written permission; and,
  9. You shall not access or use an Account or Fan membership which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account or Fan membership creator without OnNowTV's permission.

Account and Fan Membership Information

When creating or updating an Account or a Fan Membership on the Service, you are required to provide OnNowTV with certain personal information, which may include your name, mailing address, e-mail address, and,in some cases, payment information. This information will be held and used in accordance with OnNowTV's Privacy Policy. You agree that you will supply accurate and complete information to OnNowTV, and that you will update that information promptly after it changes.

Login Credentials

When registering for an Account or Fan Membership, you will be required to select a password ("Login Credentials") to be used to access your Control Panel if you are an Owner and your Fan Account if you are a Fan. The following rules govern the security of your Login Credentials:

  1. You are responsible for maintaining the security of your Login Credentials;
  2. You must not let anyone do anything that might jeopardize the security of your Account;
  3. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify OnNowTV and modify your Login Credentials;
  4. You are solely responsible for maintaining the confidentiality of your Login Credentials, and you will be responsible for all uses of the Login Credentials, including purchases, whether or not authorized by you; and,
  5. You are responsible for anything that happens through your Account if you are an Owner or through your Fan Account if you are a Fan. OnNowTV cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

License Limitations

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY OF ONNOTV'S SERVICES IS A VIOLATION OF ONNOWTV POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You agree that you will not, under any circumstances:

  1. Engage in any act that OnNowTV deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms or any OnNowTV rules or policies;
  2. Make improper use of OnNowTV's support services, including by submitting false abuse reports;
  3. Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
  4. Use automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or the OnNowTV experience;
  5. Use the Service in order to design or assist in the design of automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service or the OnNowTV experience;
  6. Without OnNowTV's express written consent, modify or cause to be modified any files that are a part of the Service;
  7. Disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support the Service; or (b) the enjoyment of the Service by any other person;
  8. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
  9. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by OnNowTV, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
  10. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
  11. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
  12. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including OnNowTV employees, including OnNowTV's customer service representatives;
  13. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an OnNowTV employee;
  14. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
  15. Use any unauthorized third-party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about the Service environment. OnNowTV may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  16. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
  17. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  18. Bypass any robot exclusion headers or other measures we take to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
  19. Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service, or (b) any connection using programs, tools, or software not expressly approved by OnNowTV;
  20. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by OnNowTV;
  21. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the OnNowTV's Channel Number Technology (CNT) or copy the functions of OnNowTV's Channel Number Technology;
  22. Copy, modify or distribute rights or content from the Service, or OnNowTV's copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service;
  23. Solicit or attempt to solicit personal information from other users of the Service;
  24. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; and,
  25. Upload or transmit (or attempt to upload or to transmit), without OnNowTV's express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms").

Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, ONNOWTV MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AND FAN ACCOUNTS OR ACCESS TO ONNOWTV SERVICES OR PORTIONS THEREOF IF YOU ARE, OR ONNOWTV SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND ONNOWTV IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS AND FAN ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF ONNOWTV OR OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS AND FAN ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

OnNowTV reserves the right to stop offering and/or supporting the Service or a part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, OnNowTV shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your Account or Fan Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may cancel any Account or Fan Account registered to you at any time by following the instructions on OnNowTV.com.

Ownership

Service

The Service (including without limitation any computer code, objects, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and server software) are copyrighted works owned by OnNowTV. OnNowTV reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.

Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT OR FAN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT OR FAN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF ONNOWTV. ONNOWTV RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT OR FAN ACCOUNT THAT HAS BEEN INACTIVE FOR 30 DAYS.

User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by OnNowTV in accordance with its Privacy Policy.

You hereby grant OnNowTV a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to OnNowTV promotions and competition or any other content specifically solicited by OnNowTV) ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

User Content

Content Screening

OnNowTV assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.

We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.

By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time OnNowTV chooses, in its sole discretion, to monitor the Service, OnNowTV nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

Information Use by Other Members of the Service

Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. OnNowTV cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. OnNowTV shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

ONNOWTV IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON YOUR WEBCHANNEL, NETWORK, OR IN ANY FORUMS, BLOGS AND CHAT ROOMS IN THE SERVICE.

Responsible For Your Own Content

You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.

Information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and OnNowTV assumes no responsibility or liability for this material. If you become aware of misuse of the Service by any person, please contact us at Customer Support.

OnNowTV may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of OnNowTV violates these Terms of Service.

OnNowTV reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Service.

Disclosure

You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any user content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Us to satisfy any applicable law, regulation or governmental request; (c) to allow Us to enforce these Terms of Service, the OnNowTV Privacy Policy or any other agreement, terms or policy relating to the Service, (d) to protect our legal rights and remedies; (e) in other circumstances in which We believe the Service is being used in the commission of a crime and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of OnNowTV, or for Us to render the Service you have requested.

User Disputes

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. OnNowTV reserves the right, but has no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more users, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Browser Support

OnNowTV supports the following browsers as of the date of this Terms of Service:

As a general rule, OnNowTV will support the current version of a browser and its pervious version.

The Service may run on other browsers and on versions of the listed browsers not indicated; however, OnNowTV only supports the browsers and their versions listed above.

Use of OnNowTV Logos

OnNowTV brands, trademarks or other logo's ("Logos")

We hereby grant to Users a nonexclusive, nonassignable, non-sublicenseable, revocable royalty-free license to display such Logos, including the associated trademarks and copyrights, for the sole purpose of promoting the Association, member Networks, and Channel owners on Networks. You may use Logo's on T shirts, signs, televisions, print, and other type advertisements but, in no way inconsistence with these terms.

Modification of Logos

You may not modify or alter the Logos in any way. You may not animate, morph or otherwise distort the Logos' perspective or dimensional appearance unless approved in writing by OnNowTV. If OnNowTV provides you with a substitute version of any Logo, you shall replace such Logo as soon as reasonably possible.

Use of Logos

User shall not use the Logo in conjunction with other logos or marks in a way that would create a combination mark, other than the mark/name you summated and approved by OnNowTV. You may not use the Logo in any way that tarnishes, blurs or dilutes the quality of OnNowTV's trademarks or any associated goodwill. Without limiting the foregoing, you shall not display the Logos on any pages that contain infringing or illegal content. You acknowledge OnNowTV's sole and exclusive ownership of the Logos, and you shall not take any action inconsistent with such ownership, such as adopting, using, registering, or attempting to register any logo or trademark confusingly similar to any Logos. All use of or goodwill associated with the Logos shall inure to OnNowTV's benefit. You may not use the Logo in any manner not expressly authorized under this Agreement. OnNowTV may terminate the license to use the Logos at any time for any reason or no reason. In the event of termination, (a) you shall immediately remove the Logos from anything and otherwise cease using the Logos.

Developer Agreement

OnNowTV provides Users a limited license to use the software tools ("Tools") that may downloaded as a developer, network owner, or channel owner solely for the purpose of creating content and submitting the content to OnNowTV for display and distribution through the Service. You shall not copy, distribute, sell, lease, lend, sub-license, or charge others to use or access the Tools, or reverse engineer, disassemble or attempt to discover the structure or underlying ideas of any software owned or utilized by OnNowTV. You shall not use the Tools or the Service to create Content for any use other than in connection with the Service, and you shall not provide any Content created with the Tools or the Service to any third party. Tools are provided on an "as is" basis, without any warranty.

Non-Disclosure

You shall keep confidential and not disclose to any third party or user (except as part of using the Services) any non-public information obtained from OnNowTV or as part of your use of the Services ("Confidential Information"). This restriction will not apply to information that you can document is publicly available, or becomes publicly available, through no act or omission of yours. Due to the unique nature of Confidential Information, you agree there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to OnNowTV; Therefore, OnNowTV shall be entitled to seek immediate injunctive relief, without an obligation to post a bond in addition to whatever remedies it might have at law or under this Agreement. This restriction shall remain in effect even after the termination of your membership until all Confidential Information becomes publicly available.

Fees and Purchase Terms

Purchases

In the Service you may purchase Extended Services and third party services and products.

Payment of Fees

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. OnNowTV may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT ONNOWTV IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ADDITIONAL SERVICES OR ITEMS PURCHASED WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Third Party Advertising

Third Party Advertisements

You understand that the Service may feature advertisements from OnNowTV or third parties. OnNowTV's disclosure of information for third party advertising is addressed in OnNowTV's Privacy Policy.

Links to Third Party Sites And Dealings With Advertisers

OnNowTV may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and Products. Any charges or obligations you incur in your dealings with these third parties are your responsibility. OnNowTV makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of OnNowTV. OnNowTV is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of OnNowTV of these linked sites.

Copyright Notices & Complaints

Copyright Notices & Complaints

It is OnNowTV's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please our DMCA Notification Guidelines below. OnNowTV reserves the right to terminate without notice any User's access to the Service if that User is determined by OnNowTV to be a "repeat infringer." In addition, OnNowTV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

Digital Millenium Copyright Act Notification Policy

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that my constitute copyright infringement, you can provide notice of your claim to OnNowTV's Designated Agent listed below. For your notice to be effective, it must include the following information

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located in this game or in this website;
  4. Information reasonably sufficient to permit OnNowTV to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;
  5. A statement by you that you have a good-faith belief that the disputed sue is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

OnNowTV's Designated Agent is:

OnNowTV WebChannel Association
Attention: Legal Department
7152 NW 112th Street
Oklahoma City, Oklahoma 73162

Updates to the Service

You understand that the Service is an evolving one. OnNowTV may require that you accept updates to the Service. You acknowledge and agree that OnNowTV may update the Service, with or without notifying you. You may need to update third party software from time to time, such as web browsers, in order to use the Service.

Disclaimers / Limitations / Waivers / Indemnification

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER ONNOWTV NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "ONNOWTV PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitations and Waivers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE ONNOWTV PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE ONNOWTV PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE ONNOWTV PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

UNDER NO CIRCUMSTANCES WILL THE ONNOWTV PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID ONNOWTV IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ONNOWTV ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ONNOWTV IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, save, and hold OnNowTV, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. OnNowTV reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OnNowTV, and you agree to cooperate with OnNowTV’s defense of these claims. OnNowTV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

Dispute Resolution

General

If a dispute arises between you and OnNowTV, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and OnNowTV agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes

This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the State of Oklahoma as they apply to agreements entered into and to be performed entirely within Oklahoma between Oklahoma residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against OnNowTV Inc. must be resolved exclusively by a state or federal court located in Oklahoma County, Oklahoma, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Oklahoma County, Oklahoma for the purpose of litigating all such claims or disputes.

Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than \$10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

Improperly Filed Claims

All claims you bring against OnNowTV must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, OnNowTV shall be entitled to recover attorneys' fees and costs up to \$1000, provided that OnNowTV has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Severability

You and OnNowTV agree that if any portion of these Terms of Service or of the OnNowTV Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

General Provisions

Assignment

OnNowTV may assign or delegate these Terms of Service and/or the OnNowTV Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without OnNowTV’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Supplemental Policies

OnNowTV may publish additional policies related to specific services such as forums, contests, point systems, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

Entire Agreement

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the OnNowTV Privacy Policy), contain the entire understanding of you and OnNowTV, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

No Waiver

The failure of OnNowTV to require or enforce strict performance by you of any provision of these Terms of Service or the OnNowTV Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of OnNowTV's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by OnNowTV of any provision, condition, or requirement of these Terms of Service or the OnNowTV Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by OnNowTV shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of OnNowTV.

Notices

We may notify you via postings on www.OnNowTV.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these Terms of Service or the OnNowTV Privacy Policy shall be in writing and addressed to: OnNowTV.com Broadcasting Association, Attn: LEGAL DEPARTMENT, 7152 NW 112th Street, Oklahoma City, OK 73162.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to OnNowTV are of a unique and irreplaceable nature, the loss of which shall irreparably harm OnNowTV and which cannot be replaced by monetary damages alone so that OnNowTV shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any OnNowTV game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).

Force Majeure

OnNowTV shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of OnNowTV, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond OnNowTV’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 
 

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