These terms and conditions of use apply exclusively to your access to and use of the Energy Communications, Inc. (“Channel 12”) website (the “Site”) and do not alter in any way the terms and conditions of any other agreement you may have with Energy Communications or XEWT-12 for products, services or otherwise.
If you do not agree with any of these terms, do not agree below and do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below. Privacy Policy
Your use of the Site is governed by Energy Communications and XEWT-12's Privacy Policy. And incorporated by reference into these terms. Use of Copyrighted Materials/Trademarks
Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the “Materials”) are copyrighted materials owned by or licensed to Energy Communications/ XEWT-12. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Energy Communications/XEWT-12 and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal use and not for re-sale or further distribution, subject to the following conditions:
1. Any copy of the Materials or portion thereof must include Energy Communications/XEWT-12's copyright notice.
2. Energy Communications/XEWT-12 reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Energy Communications/XEWT-12.
Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by Energy Communications/XEWT-12, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of Energy Communications/XEWT-12, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Energy Communications/XEWT-12, its affiliates, and/or any third party, as applicable.
Hyperlinks to this Site
You are granted a limited, non-exclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of this website or an authorized landing page of the website and does not portray Energy Communications/XEWT-12 or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Energy Communications/XEWT-12 trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Energy Communications/XEWT-12. Links to Third Party Websites
The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Energy Communications/XEWT-12. If you use these links, you may leave the Site. Energy Communications/XEWT-12 has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Energy Communications/XEWT-12 does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
Contests
Contests offered through the Site are limited to residents of the State of California and Tijuana. An entrant of a contest not living in the State of California of Tijuana will be disqualified. Please refer to the information provided to you in connection with contest offers for complete rules and entry requirements.
Password Restricted Areas of the Website
Certain areas of the Site may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Energy Communications/XEWT-12 if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Energy Communications/XEWT-12 of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you.
Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site though a message board posting or an email or otherwise (each a “Submission”), and that you, and not Energy Communications/XEWT-12, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold Energy Communications/XEWT-12 entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by Energy Communications/XEWT-12 in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party
>You agree, through your use of any forum or message board, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on the Site.
Any material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Energy Communications/XEWT-12 or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Energy Communications/XEWT-12 will be handled in accordance with Energy Communications/XEWT-12’s Privacy Statement.
Note that it is impossible for the staff or the owners of this forum to confirm the validity of posts. Please remember that we do not actively monitor the posted messages, and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. The posted messages express the views of the author, and not necessarily the views of this forum, its staff, its subsidiaries, or this forum's owner. Anyone who feels that a posted message is objectionable is encouraged to notify an administrator or moderator of this forum immediately. The staff and the owner of this forum reserve the right to remove objectionable content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular messages immediately. This policy applies to member profile information as well.
Third Party Beneficiary
You acknowledge and agree that Energy Communications/XEWT-12’s licensors are third party beneficiaries (“Third Party Beneficiaries”) of this Agreement between Energy Communications/XEWT-12 and you.
DISCLAIMER OF WARRANTIES
Energy Communications/XEWT-12 and its Third Party Beneficiaries make no, and hereby disclaim all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that Energy Communications/XEWT-12 and its Third Party Beneficiaries do not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.
LIMITATION OF LIABILITY
Neither Energy Communications/XEWT-12 nor its Third Party Beneficiaries will be liable to you or any third party claiming through you for any damages in connection with your inability to use the service and the site or any content appearing on the site. In no event will Energy Communications/XEWT-12 or its Third Party Beneficiaries be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether Energy Communications/XEWT-12 or its Third Party Beneficiaries have been advised of the possibility of such damages.Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Energy Communications/XEWT-12 or its Third Party Beneficiaries for damages under this Agreement exceed one hundred dollars ($100.00)
Revisions to this Agreement
You agree that Energy Communications/XEWT-12 can revise these Terms at any time without notice by updating this posting on the Site. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Copyrights and Designated Agent for Notification of Claims of Infringement
Energy Communications/XEWT-12 respects the intellectual property of others, and we ask our users to do the same. Energy Communications/XEWT-12 may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at moreinfo@xewt12.tv and provide Energy Communications/XEWT-12’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
Identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
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. Energy Communications/XEWT-12’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.
General Provisions
Enforcement of these Terms and Conditions will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in the Superior Court of San Diego County in the State of California, and/or the United States District Court in San Diego, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Energy Communications/XEWT-12 to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Energy Communications/XEWT-12 in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
Contact Us
Energy Communications/XEWT-12 can be reached using the following contact information:
Energy Communications/XEWT-12
637 Third Avenue. Suite B
Chula Vista, CA 91910
|
