Acceptance of Terms
Welcome to Best of The Bay TV and Best of LA TV (collectively the "Web Sites"). The Sites may include materials owned by third parties and posted on the Sites by virtue of a license, grant or some other form of agreement between the third party and us.
Changes to this Agreement
We reserve the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by us on the Sites. You agree to be bound by any changes to this Agreement when you use the Sites after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. It is our goal to provide you with a first class user experience. If you however become aware of misuse of the Sites by any person, please contact the Site Administrator: firstname.lastname@example.org with your concerns.
Eligibility & Access
You must be at least 13 years of age to visit and use our Sites.
The past, present and future Sites’ content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Sites, including without limitation, the "look and feel" of the Sites (collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property). Except as expressly set forth in this Agreement or otherwise expressly granted to you in writing, no rights are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Sites. Copying, archiving or storing any part of the Sites for a purpose that is not permitted by this Agreement is prohibited without prior written permission.
Subject to your strict compliance with these Terms, we are pleased to grant you a limited license to view the Content and to use the Sites for personal, non-commercial purposes as set forth in this Agreement.
Third Party Links
Voting Guidelines, Submissions and Postings
You must adhere to the following Voting Guidelines:
Voting is based on the unique number of visitors who view and click on the vote button on either the nominees profile page or the voting page. The unique number of visitors is calculated using "Google Analytics".
If the number of votes exceeds the number of unique visitors to the nominees voting pages, the number of unique visitors will be used as the maximum number of votes instead of the running total on the nominees vote button. Power voting occurs when individuals unfairly influence the outcome of the voting system or process by generating significant blocks of votes using technical enhancements. The producers will have monitoring procedures in place to prevent this type of occurrence. If the producers believe that votes were made by power voting, they reserve the right to remove these votes from the final tally.
Best of LA TV or Best of The Bay TV (“Administrator”) shall have the right to void any vote that appears, in Administrator's sole discretion, to be an automated or duplicate vote and/or any other "hack" violating the voting rules or otherwise interfering with the administration of the vote. Administrator reserves the right in its sole discretion to withdraw the transmission of, or otherwise disregard, any such vote and/or permanently disqualify from any promotion any person it believes has intentionally violated these voting rules. Moreover, Administrator may, in its sole discretion, terminate the competition and voting at any point and declare a winner based on the votes up to that point, if it appears to Administrator, in its sole discretion, that the voting process has been so distorted by hacking or other interference that the results would not reflect actual valid votes should the competition and/or voting continue. Administrator may also, in its sole discretion, void any other vote(s) that it believes, in its sole discretion, are inaccurate and/or would improperly or unfairly distort the voting results for any reason. In the event of technical difficulties with the voting, Administrator reserves the right to review the votes for accuracy and to take any appropriate action, including, without limitation, voiding the votes cast during the time period in which such technical difficulties occurred. If there is a tie among contestants after the voting has concluded, the producers will choose a winner. The producers & Administrators, and each of their respective parent, subsidiary and affiliated entities, and each of their respective officers, directors, agents, representatives, employees, licensees, successors and assigns, are not responsible for and shall not be liable for difficulties, failures or malfunctions of or interrupted or unavailable networks or servers; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion or for any technical problem which may cause the voting to be disrupted or corrupted. By participating, each individual agrees to release and hold the Administrators and the producers of Best of The Bay TV and Best of LA TV and each of their respective parent subsidiary and affiliated entities, and each of their respective directors, officers, agents, representatives, employees, licensees, successors and assigns, harmless from and against any and all claims and liability or any kind arising in whole or in part, directly or indirectly, out of their participation in this vote.
These Voting Guidelines are subject to change at any time at the sole discretion of Administrator and producers. Void where prohibited. Administrator is not responsible for any damages to voters' device(s) that may occur from use of service. Administrator reserves the right, for any reason and in its sole discretion, to modify, suspend or discontinue the voting service without prior notice.
The selection of nominees for “Best of LA TV” and “Best of The Bay TV” are subject to the terms, conditions, rules and qualifications of that program.
PLEASE NOTE THAT A HIGH VOLUME OF VOTES OR TECHNICAL DIFFICULTIES WITH THE SYSTEM MAY RESULT IN TEMPORARY INABILITY TO VOTE OR MAY RESULT IN A DELAY IN THE PROCESSING OF VOTES SUCH THAT AN INDIVIDUAL'S VOTE IS NOT RECEIVED IN TIME TO BE COUNTED. ADMINISTRATOR IS NOT RESPONSIBLE OR LIABLE SHOULD ANY VOTE NOT BE RECEIVED DUE TO SUCH DELAYS.
Caution: Any attempt by any individual to deliberately damage any online service or website, tamper with the voting process, or otherwise undermine the legitimate operation of the voting is a violation of criminal and civil laws and should such an attempt be made, Administrators reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Please act responsibly when using the Sites. You may only use the Sites and its contents for lawful purposes and in accordance with applicable law. You agree that if a third party claims arise from the violation of the Voting Guidelines or from material that you have contributed to the Site, you will bear the burden of establishing that it is lawful and will be fully responsible for such damages. You understand and agree that all materials publicly posted or privately transmitted on or through the Sites are the sole responsibility of the sender, and that you are responsible for all material you upload, post or otherwise transmit to or through the Sites.
We require that you do not submit, vote, post or publish through forums or otherwise make available on the Sites any content, or act in a way, which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
(m) copies any other pages or images on this Site except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a 'pyramid' or similar scheme;
(p) amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
(r) violates the Voting Guidelines.
(s) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (r) above.
We reserve the right to deny access to the Sites or any of the features of the Sites to anyone who violates the terms of this Agreement, in our sole discretion, or interferes with the ability of others to enjoy our website or infringes the rights of others, in our sole discretion.
This Agreement will be updated from time to time, so you MUST check back regularly to read the most recent terms of this Agreement.
Third Party Links
Third Party Content
Third parties provide some of the Content on our Sites. You should be aware that the Content might contain errors, omissions, inaccuracies, and/or outdated information. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing and are provided “AS-IS” without warranties of any kind either express or implied. Third party advertisers may offer goods, services and other materials to you on the Web Sites. Your correspondence and business dealings with others found on or through our Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on our Sites. You also acknowledge that our Web Sites, its parent, subsidiaries, affiliates, and partners undertake no obligation to pre-screen your upload Information, but that it has the right, in its sole discretion to modify, refuse, move, block access to or remove any of your upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of your upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of your upload Information. Since the Web Sites, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive, indecent or objectionable content in your upload information.
Third Party Posting
Some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. We do not endorse any User Material, and User Material that is posted does not reflect our opinions or our policies. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, at our sole discretion, is inappropriate or for any other business reason. In no event do we assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against us with respect to such User Material. Please notify us of any inappropriate User Material you find via email: email@example.com
The Video Player
At no time and under no circumstances may you change, remove, interfere with, or enhance 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 disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without 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.
Limitation of Liability and Indemnification
You agree that use of our Web Sites and/or their services is at your own risk. You also agree to defend, indemnify and hold harmless our parents, affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these terms, including, without limitation: (a) your use of the Sites; (b) your violation of this Agreement or any law, rule or regulation; (c) your use of the Content; or (d) any of Your Upload Information. You will cooperate as fully and reasonably as required by us in the defense of any claim. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against us herein under the terms and provisions of this Agreement and in no event shall we settle any such claim without prior written approval.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE THE SITES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO SITES OR CHANGE THE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON, WITHOUT NOTICE. YOU AGREE THAT WE WILL NOT BE LIABLE FOR TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITES OR ANY PORTION THEREOF.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
If there is any dispute about or involving our Sites, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California.
Jurisdiction & Venue
You waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement and/or the Sites. Any controversy or claim arising out of or relating to this Agreement and/or the Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California in the City of San Jose, County of Santa Clara, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Agreement and/or for entering any judgment on an arbitration award, shall take place in the State of California in the City of San Jose, County of Santa Clara. You waive the defense of forum non conveniens.
You understand and agree that we will determine your compliance with this Agreement at our sole discretion. We also reserve the right to deny access to all or part of our Sites and to deny access to any person at our sole discretion without notice or liability of any kind. Any violation of this Agreement may be referred to law enforcement authorities. Upon termination of your user account or access to the Sites or upon our demand, you must destroy all materials obtained from our Sites and all related documentation.
This Agreement will be updated from time to time, so you MUST check back regularly to read the most recent terms of this Agreement.