TV and Movie Blog

TERMS OF SERVICE

These Terms of Service describe the terms and conditions under which you may use the TV-Links website (“Site”). These terms and conditions constitute a legally binding agreement (“Agreement”) between TVMovieDB.com. (and any successors of TVMovieDB.com, and any entities controlled by TVMovieDB.com, collectively “TVMDB”), and you, the user of the Site (hereinafter “you,” and collectively with other users of the Site, the “User” or “Users”). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to TVMDB that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and TVMDB is unwilling to grant you access to the Site. TVMDB may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on October  22, 2009.

1. Content on the Site.

While using the Site, you will have access to content posted by our users, including links to websites that are not affiliated with TVMDB. In addition to posts made by other Users, you may also add text, links, and other content to the Site (collectively, “Submissions”). By adding content you understand that you are making that content publicly available.

1.1 Posts Under Creative Commons License.

TVMDB accepts submissions made under the Creative Commons Attribution-Share Alike License, which is incorporated into this Agreement by reference. By Posting content to the Site you agree to the terms and conditions of the Creative Commons Attribution-Share Alike License and hereby grant to TVMDB.

(i)an unrestricted right to use, copy, modify, reproduce, distribute and make derivative works of your Submissions; and

(ii) to Site users rights to use, copy, modify, reproduce, distribute, and create derivative works of your Submissions as provided in the Creative Commons Attribution-Share Alike License.

In addition to other rights and restrictions, the Creative Commons Attribution-Share Alike License permits others to copy, modify, and create derivative works of your Post, and provides that the distribution of your Post or modifications thereof may be used and distributed by others as long as such uses are attributed to the appropriate author or licensors, and are subject to the terms and conditions of the Creative Commons Attribution-Share Alike License. Please review the terms and conditions of the Creative Commons Attribution-Share Alike License before making any submissions.

1.2 Submission Limitations.

You agree that you are responsible for your use of the Site and for any Posts you make. You agree not to submit any Submission that

(i) is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to civil liability;

(ii) is a falsehood or misrepresentation that could damage TVMDB or any third party;

(iii) is harmful to minors;

(iv) makes or provides instructional information about illegal activities, such as making or buying illegal weapons or illegal substances; or

(iv) violates any third party’s privacy or similar rights.

1.3 Intellectual Property Rights.

You agree not to submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post such material to the Site and to disseminate such content under the Creative Commons Attribution-Share Alike License.

Indemnification.

You will defend, indemnify and hold harmless TVMDB, its directors, officers, employees, and subsidiaries from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (“Claims”) made or brought by any third party against any TVMDB Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement, or (ii) any Claim associated with your User Posts. TVMDB shall provide you with prompt notice of any Claim and an opportunity to defend the Claim, provided that TVMDB (A) may participate at your expense in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind TVMDB. In addition, TVMDB may, at your expense, take full control of the defense of any Claim if TVMDB believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for TVMDB.

2. Copyrights and Copyright Agents.

TVMDB respects the intellectual property rights of third parties. Users that are logged in can remove content by “editing” or “deleting” the content.  This is the easiest way to remove any work that you believe copyright has been violated.

1.  A Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

2.  A description of the copyrighted work that you claim has been infringed, or if there are multiple works, a representative list of the works. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a file infringes your copyrights.

3.  A description of the material that you claim is infringing and information sufficient to establish where it is located on the website, which information should include the complete URL associated with each file, image or video. To delete files from TVMDB’s index, TVMDB requires an accurate means by which to identify potentially infringing files. To accurately identify files, you must reference the URL associated with that file, which is located in the location box in your browser.

4.  Your address, telephone number, and email address;

5.  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,

6.  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.

TVMDB’s Copyright Agent for notice of claims of copyright infringement can be reached at copyright@tvmoviedb.com.

TVMDB does not condone posting, reproduction or distribution of material by anyone other than the copyright holder or the copyright holder’s authorized agents. TVMDB RESERVES THE RIGHT TO REMOVE CONTENT IN ITS DISCRETION AND TERMINATE THE ACCOUNTS OF TVMDB USERS WHO REPEATEDLY INFRINGE, OR APPEAR TO INFRINGE, THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES.

3. Disclaimer of Warranty.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TVMDB MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. TVMDB DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. TVMDB MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE “AS IS” AND DOES NOT WARRANT (I)ANY MATERIAL AVAILABLE ON TVMDB OR PROVIDED TO TVMDB BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED PREMIUM CONTENT OR USER POSTS; (II)THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT TVMDB CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO TVMDB, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION11 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF TVMDB CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

4. Disclaimer of Liability.

4.1 Liability Limit. TVMDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO TVMDB CONTENT, PREMIUM CONTENT OR USER POSTS, OR YOUR USE OF THE SITE.

4.2 Consequential Damages. IN NO EVENT WILL TVMDB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

4.3 Additional Rights. THE LIMITATIONS IN THIS SECTION12 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTIAN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF TVMDB CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

5. General.

5.1 Assignment. You may not assign this Agreement, in whole or in part, or your rights or obligations under this agreement, without TVMDB’s prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

5.2 Governing Law. Any action related to this Agreement will be governed by Las Vegas law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Las Vegas, Nevada, for the resolution of all disputes arising from or related to this Agreement and/or your use of TVMDB Sites.

5.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.

5.4 Email Notifications. You hereby consent to receive notification from TVMDB of news, updates, and other notices to the email address that you provide to TVMDB.

5.5 Cooperation. You acknowledge that TVMDB will report to law enforcement authorities any actions that may be considered illegal. When requested, TVMDB will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

5.6 Miscellaneous. A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.

5.6 Content and Disclaimer.
TVMovieDB.com does not host any illegal content and acts as an index of TV links in a fashion similar to Google. All users agree to our Privacy Policy before submitting any TV Links.
We do our best to remove any infringing content and user accounts in a timely manner and will comply with DMCA procedures. Please Contact Us after reading our Terms of Service to follow the proper format.

If you have any questions concerning this Agreement, please contact copyright@tvmoviedb.com