Effective Date: April 1, 2015
Welcome to GVE-TV.com. We are pleased to provide the services described below which we hope will entertain, inform and educate visitors to GVE-TV. It is our goal to provide a safe and welcoming environment to all visitors.
Please take a moment to carefully read through these Terms.
1. Description of Service and Acceptance of Terms
GVE-TV.com ("GVE-TV" "we," or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, materials, or other services offered from time to time by GVE-TV through a variety of Access Points (defined below) are referred to collectively as the "GVE-TV Services." The term "Access Points" refers to, collectively, thegve-tv.com website (the "GVE-TV Site"), applications, and other means through which the GVE-TV Services may be accessed, including websites and applications of third party distribution partners, and other websites where users or website operators are permitted to link to GVE-TV.com or embed or have otherwise licensed the Video Player.
Use of the GVE-TV Services (including access to the Content) is subject to compliance with these Terms and any end user license agreement that might accompany the applicable GVE-TV Service. Therefore, by visiting the GVE-TV Site or using any of the GVE-TV Services through any other Access Point, you are agreeing to these Terms.
Certain GVE-TV Services are provided free-of-charge to visitors to view and share as set forth in this document.
2. Changes to These Terms
We may need to make changes to these Terms from time to time for many reasons. Please refer to these Terms regularly. The Terms are posted on the GVE-TV Site at gve-tv.com/terms and are accessible via a link at the top of every page.
If we make a material change to these Terms, the Terms will be updated on the GVE-TV Site. We will also send an email to Subscribers prior to the change taking effect. Therefore, it is very important that a Subscriber keep account information, including email address, updated.
Material changes to these Terms shall be effective automatically on the date posted on the revised Terms as posted on the GVE-TV Site. Subscribers who do not agree to the revised Terms have 30 days to opt-out of the Subscription Agreement per the conditions outlined in the agreement.
3. Access and Use of the GVE-TV Services
3.1 Age Limitations. The GVE-TV Services are not intended to be used by children without involvement and approval of a parent or guardian. Parental discretion is advised for children viewing content. If you are under the age of 13, you are not permitted to become a Subscriber to GVE-TV or provide your personal information to GVE-TV. If you are at least 13 and under 18 years of age, you may become a Subscriber to GVE-TV only if you have the consent of your parent or guardian.
3.2 Your License. GVE-TV is pleased to grant visitors a non-exclusive limited license to use the GVE-TV Services, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
A Subscriber is licensed to use the GVE-TV Services for non-commercial and commercial purposes as set in the Subscription Agreement and as affected by the Terms as described in this document provided that the Content so used is limited to Content the Subscriber has agreed and caused to be posted on the GVE-TV.com site.
3.3 The Content. A visitor may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. A visitor may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by GVE-TV in writing. A visitor may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by GVE-TV in writing. Furthermore, a visitor may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by GVE-TV. A visitor may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, a visitor is strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by GVE-TV in writing. This prohibition applies even if a visitor intends to give away the derivative materials free of charge.
Prohibitions against the use of Content as described in this section apply to Subscribers except with regard to Content they have caused to be place on GVE-TV.com and except as outlined in the Subscription Agreement.
3.4 The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
3.5 Ownership. Visitors agree that GVE-TV owns and retains all rights to the GVE-TV Services. Visitors further agree that the Content accessed and viewed as part of the GVE-TV Services is owned or controlled by GVE-TV and/or GVE-TV's Subscribers. GVE-TV Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.6 Visitor and Subscriber Responsibilities. In order for us to keep the GVE-TV Services safe and available for everyone to use, we all have to follow the same rules. Visitors and Subscribers must use the GVE-TV Services for lawful and appropriate purposes only. You agree not to use the GVE-TV Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the GVE-TV Services (including the Content) that is not authorized by GVE-TV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the GVE-TV Services);
- involves accessing the GVE-TV Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the GVE-TV Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the GVE-TV Services, including GVE-TV's servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the GVE-TV Services (including the Content);
- uses the GVE-TV Services to advertise or promote services that are not expressly approved in advance in writing by GVE-TV;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by GVE-TV;
- interferes with any other party's use and enjoyment of the GVE-TV Services; or attempts to do any of the foregoing.
If GVE-TV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the GVE-TV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the GVE-TV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.7 No Spam/Unsolicited Communications. GVE-TV Services may not be used to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the GVE-TV Services, you acknowledge that you will have caused substantial harm to GVE-TV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay GVE-TV $50 for each such unsolicited communication you send through the GVE-TV Services.
3.8 Software Downloads. In order to participate in certain GVE-TV Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.9 Suspension/Discontinuation. We may change, suspend, or discontinue - temporarily or permanently - some or all of the GVE-TV Services (including the Content and the devices through which the GVE-TV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that GVE-TV may do so in GVE-TV's sole discretion. You also agree that GVE-TV will not be liable to you for any modification, suspension, or discontinuance of the GVE-TV Services, although if you are a GVE-TV Subscriber and GVE-TV suspends or discontinues the GVE-TV Subscription service, GVE-TV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if GVE-TV terminates your account or suspends or discontinues your access to GVE-TV Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
4. Content Standards
GVE-TV.com retains the right to review Subscriber submitted Content and further retains the right that Subscriber submitted paid and unpaid Content which in its sole judgement is inconsistent or violates GVE-TV Content Standards shall not be permitted for placement or display on the GVE-TV Site.
GVE-TV.com shall not display or maintain any Content that falls within one or more of the following categories:
4.1. Demeaning or disparaging: The Content contains material that demeans or disparages an individual or group of individuals. For purposes of determining whether Content contains such material, GVE-TV shall determine whether a reasonably prudent person and using prevailing community standards would believe that the Content contains material that ridicules or mocks, is abusive or hostile to, or debases the dignity or stature of, an individual or group of individuals.
4.2. Tobacco: The Content promotes the sale or use of tobacco or tobacco-related products.
4.3. Alcoholic Beverages: The Content promotes the sale, purchase or consumption of alcoholic beverages, including but not limited to wine, beer and distilled spirits. However, Content may depict or refer to alcoholic beverages (either by brand name or category) or their consumption if such depiction or reference is incidental to a fictional storyline and is not meant to promote the sale, purchase or consumption of alcoholic beverages.
4.4. Profanity: The Content contains profane language.
4.5. Firearms: The Content promotes the sale or use of firearms. However, Content may depict or refer firearms if such depiction or reference is incidental to a fictional storyline and is not meant to promote the sale or use of firearms.
4.6 Violence: The Content contains an image or description of graphic violence, including, but not limited to (1) the depiction of human or animal bodies or body parts, or fetuses, in states of mutilation, dismemberment, decomposition, or disfigurement, and (2) the depiction of weapons or other implements or devices used in the Content in an act or acts of violence or harm on a person or animal.
4.7. Unlawful goods or services: The Content, or any material contained in it, promotes or encourages, or appears to promote or encourage, the use or possession of unlawful or illegal goods or services.
4.8. Unlawful conduct: The Content, or any material contained in it, promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities.
4.9. Obscenity or nudity: The Content contains obscene material or images of nudity.
4.10. Prurient sexual suggestiveness: The Content contains material that describes, depicts, orrepresents sexual activities or aspects of the human anatomy in a way that the average adult,applying contemporary community standards, would find appeals to the prurient interest of minors or adults in sex
4.11. Political speech: The Content contains Political Speech. For purposes of these Standards, the term Political Speech means speech that (1) refers to a specific ballot question, initiative petition, or referendum, or (2) advocates, expressly or implicitly, for a change in or retention of the laws of the Commonwealth or any town or municipality thereof, or of the United States or any of its states, territories, or possessions or any town or municipality thereof, or (3) depicts or refers to any elected official or candidate for public office.
4.12. Religious Speech. Religious Speech is encouraged except for Content which opposes a religion or denomination, religious organization, religious tenet or belief, creed, or other belief system.
4.13. Endorsement: The Content, or any material contained in it, implies or declares an endorsement by the GVE-TV.com of any service, product or point of view, without prior written authorization of the GVE-TV.
4.14. False, misleading, or deceptive commercial speech: The Content advertises or promotes a commercial transaction or otherwise relates to goods or services, and the Content, or any material contained in it, is false, misleading, or deceptive.
4.15. Libelous speech, copyright infringement, etc.: The Content, or any material contained in it, is libelous or commercially disparaging or an infringement of copyright or an infringement of trademark, or is otherwise unlawful or illegal or likely to subject GVE-TV.com to litigation.
4.16. Adult-oriented goods or services: The Content promotes or encourages, or appears to promote or encourage, a transaction related to, or uses brand names, trademarks, slogans or other materials which are identifiable with, films rated X or NC-17, video games rated M or AO, adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites, and escort services.
5. Public Service Announcements
The GVE-TV may, from time to time, make unsold advertising space available free of charge to non-profit corporations that are exempt from taxation under Section 501(c) (3) of the Internal Revenue Code, or to federal, state or local government agencies or subdivisions thereof, or other not-for-profit organizations for the display of public service announcements and the publicizing of events open to the general public.
A Public Service Announcement shall comply with these Standards. Furthermore,
the MCCA shall not display or maintain a Public Service Announcement that publicizes an event if that events primary purpose is to promote subject matter falling into one or more of the categories of Content prohibited by these Standards.
A Public Service Announcement may be required to bear the following legend if the sponsor is not readily or easily identifiable from the proposed Content: This message is sponsored by_______________________.
6. Review of Content
6.1. Initial Review Content: GVE-TV shall review each item of Revenue-Generating Content submitted for display on the GVE-TV Site to determine whether the Content falls within, or may fall within, one or more of the prohibited categories set forth in the Standards above. If GVE-TV determines that the Content falls within one or more of the prohibited categories then GVE-TV.com reserves the right to refuse to display the offending Content and will so notify the appropriate Subscriber or Advertiser and detail why the Content was refused.
6.2. Opportunity for Revision by Advertiser/Subscriber: If the MCCA determines that the Content falls within one or more of the prohibited categories set forth in the Standards above, the advertiser or other Content source, as the case may be, may propose revisions to the Content to bring the Content into conformity with the Standards, and shall have the option to submit revised Content for review by the GVE-TV.com.
7. Linked Destinations and Advertising
GVE-TV is not responsible for the content or practices of any website or destination other than the GVE-TV Site, even if it links to the GVE-TV Site and even if the website or destination is operated by a company affiliated or otherwise connected with GVE-TV. By using the GVE-TV Services, you acknowledge and agree that GVE-TV is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the GVE-TV Site.
7.2 Advertisements. GVE-TV takes no responsibility for advertisements or any third party material Posted on any Access Point where the GVE-TV Services are available, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the GVE-TV Services are between you and the advertiser, and you agree that GVE-TV is not liable for any loss or claim that you may have against an advertiser.
GVE-TV, the GVE-TV logo, GVE-TV Plus and other GVE-TV marks, graphics, logos, scripts, and sounds are trademarks of GVE-TV. None of the GVE-TV trademarks may be copied, downloaded, or otherwise exploited.
9. Unsolicited Submissions
It is GVE-TV's policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. GVE-TV's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any GVE-TV creative work, including a film, series, story, title, or concept, would be purely coincidental.
10. Disclaimer of Warranties, Limitation of Liability and Indemnity
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE GVE-TV SERVICES, YOU AGREE THAT USE OF THE GVE-TV SERVICES IS AT YOUR OWN RISK. THE GVE-TV SERVICES, INCLUDING THE GVE-TV SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GVE-TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE GVE-TV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL GVE-TV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "GVE-TV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE GVE-TV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE GVE-TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE GVE-TV SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GVE-TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE GVE-TV SERVICES (INCLUDING YOUR USE OF THE CONTENT). GVE-TV RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
11. Notice and Procedure for Claims of Copyright Infringement
If you believe that any Content, User Material, or other material provided through the GVE-TV Services, including through a link, infringes your copyright, you should notify GVE-TV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement that GVE-TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to GVE-TV's copyright agent at firstname.lastname@example.org (subject line: "GVE-TV Takedown Request"). You may also contact us by mail at:
Attention: Copyright Agent
223 South Main
Harrodsburg, KY 40330
To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the GVE-TV Services that is reasonably sufficient to enable GVE-TV to identify and locate the material; (iv) how GVE-TV can contact you, such as your address, telephone number, and email address; (v) 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to email@example.com other than communication about copyright infringement may not be answered.
GVE-TV has a policy of terminating repeat infringers in appropriate circumstances.