TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service constitute a legal agreement between you and TNN Network and spell out the terms and conditions to which users of any TNN Network site are expected to adhere. Please read it carefully before using any of the Sites, because by clicking "I Agree" and/or by using a Site, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Sites. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
TNN Network CONTENT AND USER SUBMISSIONS
- The contents of the TNN Network Internet service ("the Service"), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Electronic Dirt and/or TNN Network, or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
- The Service is protected by
copyright as a collective work and/or compilation, pursuant to
copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part. U.S.
- Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
- You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
- If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide us with a written notice (email is sufficient) that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- identification of the copyrighted work claimed to have been infringed
- a description of where the material that you claim is infringing is located on the Site
- your address, telephone number, and e-mail 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, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our contact for notice of claims of copyright infringement on this Site is:
By postal mail:
PO Box 461177
Los Angeles, CA 90046
2. FORUMS AND DISCUSSIONS
- This Site makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. TNN Network does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by TNN Network in any manner, pursuant to Section 1.4, above.
- The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of TNN Network, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with TNN Network and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
- While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, TNN Network reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
3. ADDITIONAL TERMS FOR THE TNN Network STORE
- In addition to the provisions contained in these Legal Notices, the following terms apply specifically to any TNN Network Store, located on any TNN Network site
- By placing an order, you certify that you are able to pay for the item(s) in your order.
- By placing an order on the Store you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). If you place an order for an item on the Store, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item.
- You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Store and your purchase of items.
- You are responsible for the accuracy of any purchase placed.
- We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
- Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
- We reserve the right to add and/or remove items on the Store, for any reason, at any time.
- We reserve the right to limit quantities of items sold.
- You may not transfer or sell your User ID or account to another party.
- Unless otherwise stated, all prices are quoted in U.S. Dollars.
- In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
- We use our best efforts to ensure that the correct price is posted for each item in the Store. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Products available from the Store may be advertised on third party shopping websites. TNN Network is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the Store, including, but not limited to pricing information. In the event that a difference exists, information found on the Store shall govern.
- All purchases from the Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
- You may not return items purchased from the Store
- Attempts to stop payment on non-returnable items will be vigorously opposed by TNN Network to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.
- TNN Network and its affiliates attempt to describe all of the products on the Store as accurately as possible. However, TNN Network does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
- The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of TNN Network. Selection of an ad banner or link will redirect you off of a TNN Network Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of TNN Network. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. TNN Network does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
5. REPRESENTATIONS AND WARRANTIES
- You represent, warrant and covenant (a) that no materials of any kind submitted by you or TNN Network 's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the Store.
- You hereby indemnify, defend and hold TNN Network and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. TNN Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of TNN Network without TNN Network's prior written approval.
- TNN Network neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY TNN Network OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED "AS IS." TNN Network MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. TNN Network DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
- You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.
6. LIMITATION OF LIABILITY
- NEITHER TNN Network NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY TNN Network OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF TNN Network HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TNN Network AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
7. SYSTEM INTEGRITY
- You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
- TNN Network may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
- TNN Network, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any TNN Network event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any TNN Network employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a TNN Network employee or other individual.
- These Terms of Service have been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. TNN Network makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Los Angeles, CA.
- Official correspondence must
be sent via postal mail to:
PO Box 461177
Los Angeles, CA 90046
Or email: support@TheNakedNetwork.com
- These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and TNN Network with respect to your access and use of the Sites and Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and TNN Network with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. TNN Network may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of TNN Network or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.