Sunday, September 28, 2008

VOTV Terms of Use - DRAFT

Terms of Use

Disclaimers, Limitation of Liability, Indemnity
The following disclaimers, limitation of liability and indemnity will be present on the website as a linked document.

As a user of,, and/or (the “website”) and associated applications, you expressly acknowledge and agree that:

1. all information and other material contained on the website, including, but not limited to, names, images, pictures, logos and icons, are provided on an "as is" and "as available" basis with no representations or warranties of any kind.
2. to the fullest extent permissible by applicable law, VOTV disclaims all warranties, conditions and other terms of any kind, whether express or implied by law, including, but not limited to, any implied warranties or other terms as to satisfactory quality or fitness for a particular purpose, or the provision of services to a standard of reasonable care and skill, or non-infringement of any intellectual property right, compatibility, security or accuracy.
3. your use of the website is at your sole risk. You assume total responsibility and risk for your use of this website and any materials in connection with the website. In addition, VOTV makes no warranty or representation that the functions on the website will be uninterrupted, timely, secure or error-free, or that defects in or on the website will be corrected, or that the site or the server that makes the website available is free of viruses or other harmful components. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the security and accuracy of data input and output.
4. any material downloaded or otherwise obtain any material through the use of the website is done at your own discretion and risk and you will be solely responsible for any damage to your or any third party’s computer system or loss of data that results from the downloading or other obtaining of any such material.
5. under no circumstances will VOTV be liable in any way for any material, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any material posted, uploaded, emailed or otherwise transmitted via the website.
6. VOTV takes no responsibility for any offence given by any of the material on the website.

The majority of content posted on VOTV’s website is created by members of the public. The views expressed are theirs and, unless specifically stated, are not those of VOTV.

Limitation of liability
1. You expressly acknowledge and agree to the following:
1. that under no circumstances will VOTV, its parent, affiliates or subsidiaries, their licensors, sponsors, contractors, advertisers, vendors or other partners, any of their successors, assigns or licensees, or any of their respective officers, directors, agents and employees (collectively, the "released parties") be responsible or liable to you or any other person or entity for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages or loss (including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses) arising out of or relating in any way to (i) the website, (ii) the use or the inability to use the website, (iii) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses or the like which may be transmitted to or through the website, (v) unauthorised access to or alteration of your transmissions or data, (vi) the content and materials available on or through the website, (vii) personal injury or property damage resulting from your access to and use of the website, (viii) statements or conduct of any third party on or in connection with the website or (ix) any other matter relating to the information contained on the website, even if any of these parties have been advised of the possibility of any damage or loss and regardless of whether such damage or loss was foreseen, foreseeable, known or otherwise.
2. your sole remedy for dissatisfaction with the website and/or materials related to the website is to stop using the website. Notwithstanding the foregoing, nothing in these terms of use affects the statutory rights of any consumer under applicable laws or excludes or limits VOTV's liability for death or personal injury arising from VOTV’s proven negligence or fraud, or for any other liability which cannot be excluded or limited under applicable law. [can we repatriate to the UK and add a clause to this effect? - Melissa)
3. you agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or these terms of use must be filed within one year after such claim or cause of action arose or be forever barred. (is this OK under UK law?)

Web Links from VisionOnTV
Our service may include hyperlinks to other web sites that are not owned or controlled by VOTV. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. Any hyperlinks to third party websites from VOTV’s website do not amount to an endorsement of that site by VOTV and any use of that site by you is at your own risk.

You irrevocably agree to indemnify VOTV and the released parties on demand from any and all costs, claims, demands, liabilities, expenses, damages or losses incurred or suffered by them (including, without limitation, reasonable legal fees) arising out of or in connection with your use of the site, your connection to the site, your breach of any term of these terms of use or your violation of any rights of a third party. This indemnification obligation will survive any termination of these terms of use and your use of the site.