Terms & Conditions
Introduction! Your Agreement to these Terms of Service.
Welcome to the FreeTvAll, LLC. (\\\"FreeTvAll.com\\\") video management and streaming platform consisting of web sites, services, software applications and networks that allows for the authorized streaming and distribution of video content over the internet (the \\\"FreeTvAll Service\\\").
The following Terms of Service for the FreeTvAll Service is a legal contract between you, an individual user of at least 13 years of age or a single entity (\\\"You\\\" or, collectively, \\\"Users\\\"), and FreeTvAll regarding your use of the FreeTvAll Service.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE FREEDOCAST PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE \\\"TERMS\\\"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE FREEDOCAST SERVICE.
The FreeTvAll Service is not available to persons under the age of 13 or to any users previously suspended or removed from the FreeTvAll Service by FreeTvAll. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE FREEDOCAST SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FREEDOCAST SERVICE.
2. Incorporation by Reference.
3. Individual Features and Services.
When using the FreeTvAll Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the \\\"Guidelines\\\"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
FreeTvAll reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the FreeTvAll Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the FreeTvAll Service. We will always make a reasonable effort to notify you if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect artist and content owner rights, it is FreeTvAll\\\'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the \\\"DMCA\\\"). Please note that FreeTvAll will promptly terminate without notice any User\\\'s access to the FreeTvAll Service if that User is determined by FreeTvAll to be a \\\"repeat infringer.\\\" A repeat infringer is a User who has been notified by FreeTvAll of infringing activity violations more than twice and/or who has had their Life caster Content or any other user-submitted content removed from the FreeTvAll Service more than twice. In addition, FreeTvAll accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. FreeTvAll Service License Grant.
6.1 License Grant to Upload or Stream.
FreeTvAll allows certain users to distribute streaming live and pre-recorded videos of their day-to-day activities.
If you sign up for an account, subject to your compliance with the terms and conditions set out in this Terms of Service, FreeTvAll hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the FreeTvAll Service for the uploading and distributing of authorized digital content, including videos.
Content is uploaded at your own risk. Notwithstanding any obligations hereunder of FreeTvAll, FreeTvAll cannot guarantee that there will be no unauthorized copying or distribution of Content nor will FreeTvAll be liable for any copying or usage of the content not authorized by FreeTvAll.
6.2 License Grant to View by Streaming.
If you sign up for an Account, subject to your compliance with this Terms of Service, FreeTvAll hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming Content solely through the FreeTvAll Service subject to the license under which such Content is distributed.
6.3 Reservation of Rights.
FreeTvAll reserves all rights not expressly granted in this Terms of Service.
6.4 Prevention of Unauthorized Use.
FreeTvAll reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the FreeTvAll Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Content License Grant; Representations and Warranties.
7.1 License Grant to FreeTvAll.
Unless otherwise agreed to in a written agreement between you and FreeTvAll that was signed by an authorized representative of FreeTvAll:
a) By distributing or disseminating Content through the FreeTvAll Service, you hereby grant to FreeTvAll a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for streaming, and otherwise exploit your Content, in any media formats and through any media channels, in order to publish and promote such content in connection with services offered or to be offered by FreeTvAll. Such license will apply to any form, media, or technology now known or hereafter developed.
b) Subject to section 7.2, below, the foregoing license granted by you terminates as to a specific piece of Content once you remove or delete such Content from the FreeTvAll Service.
7.2 License Grant to other FreeTvAll users.
By distributing or disseminating Content through the FreeTvAll Service, you hereby grant to each User of the FreeTvAll Service that is authorized to access your Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Content.
7.3 Content Representations and Warranties.
You are solely responsible for your Content and the consequences of posting or publishing them. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize FreeTvAll and FreeTvAll\\\'s Users to use your Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by FreeTvAll and this Terms of Service; (2) your content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; (3) your Content does not contain any viruses, ad ware, spy ware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. FreeTvAll reserves all rights and remedies against any Users who violate this Terms of Service.
7.4 Content Disclaimer.
You understand that when using the FreeTvAll Service you will be exposed to Content from a variety of sources, and that FreeTvAll is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FreeTvAll with respect thereto. FreeTvAll does not endorse any Content or any opinion, recommendation or advice expressed therein, and FreeTvAll expressly disclaims any and all liability in connection with Content. If notified by a User or a content owner of Content that allegedly does not conform to this Terms of Service, FreeTvAll may investigate the allegation and determine in its sole discretion whether to remove the Content, which it reserves the right to do at any time and without notice. For clarity, FreeTvAll does not permit copyright infringing activities on the FreeTvAll Service.
7.5. Notification of claims of infringement
Any person (â€œAggrieved Userâ€) claiming that any Content infringes or in any way violates such personâ€™s intellectual property rights, such Aggrieved User may submit a notice to FreeTvAll with the following information:
* Identifying the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
* Identifying the material that is claimed to be infringing or to be the subject of infringing activity and that ought to be removed or access to which ought to be disabled together with reasonably sufficient information to permit FreeTvAll to locate the material;
* A statement that the Aggrieved User in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
* A statement that the information in the notification is accurate, and under penalty of perjury, that the Aggrieved User is authorized to act on behalf of the owner the right that is allegedly infringed, and
* The name, address, telephone number, email address and physical or electronic signature of the Aggrieved User.
FreeTvAll designated Copyright Agent to receive notifications of claimed infringement is:[[email protected]] FreeTvAll shall remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
7.6. Email Address:
We ask you for your email address. We, and companies that we may engage from time to time to provide products and services to us or otherwise act on our behalf, use this information to (i) send you newsletters that keep you updated about the FreeTvAll Software or its service, including, information about available upgrades, functionality, features, and/or programming, (ii) ask you to participate in surveys that help us make the FreeTvAll Software and service better, (iii) respond to or confirm your requests, and (iv) notify you of service issues and unusual account actions (e.g. password resets). We will assume you are interested in receiving e-mails from us (or from companies who we may engage from time to time to act on our behalf) and will allow you to \\\"opt-out\\\" if you are not interested.
8. Prohibited Conduct.
BY USING THE FREEDOCAST SERVICE YOU AGREE NOT TO:
8.1 use the FreeTvAll Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the FreeTvAll Service as such services are offered by FreeTvAll;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate Content or other content;
8.4 post, upload, or distribute any Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another\\\'s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the FreeTvAll Service accounts of others without permission, forge another persons\\\' digital signature, misrepresent the source, identity, or content of information transmitted via the FreeTvAll Service, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the FreeTvAll Service or Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the FreeTvAll Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the FreeTvAll Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the FreeTvAll Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the FreeTvAll Service if you are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the FreeTvAll Service or Content, features that prevent or restrict use or copying of any content accessible through the FreeTvAll Service, or features that enforce limitations on the use of the FreeTvAll Service or Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the FreeTvAll Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the FreeTvAll Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the FreeTvAll Service or any user\\\'s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, ad ware, spy ware, worms, or other malicious code;
8.15 relay email from a third party\\\'s mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the FreeTvAll Service for any purpose or bypass any measures FreeTvAll may use to prevent or restrict access to the FreeTvAll Service;
8.1.7 manipulate identifiers in order to disguise the origin of any Broadcaster Content transmitted through the Service; or
8.18 interfere with or disrupt the FreeTvAll Service or servers or networks connected to the FreeTvAll Service, or disobey any requirements, procedures, policies or regulations of networks connected to the FreeTvAll Service.
When you use the FreeTvAll Service to upload and/or download or purchase content or any products, services, or information from FreeTvAll, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to FreeTvAll on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify FreeTvAll. You may be liable for the losses incurred by FreeTvAll or others due to any unauthorized use of your FreeTvAll Service account.
10. Third-Party Sites, Products and Services; Links.
The FreeTvAll Service may include links or references to other web sites or services solely as a convenience to Users (\\\"Reference Sites\\\"). FreeTvAll does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FreeTvAll Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. Termination; Terms of Service Violations.
You agree that FreeTvAll, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with FreeTvAll or your use of the FreeTvAll Service and remove and discard all or any part of your account, User profile, and any Content, at any time. FreeTvAll may also in its sole discretion and at any time discontinue providing access to the FreeTvAll Service, or any part thereof, with or without notice. You agree that any termination of your access to the FreeTvAll Service or any account you may have or portion thereof may be effected without prior notice, and you agree that FreeTvAll will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FreeTvAll may have at law or in equity. As discussed herein, FreeTvAll does not permit copyright infringing activities on the FreeTvAll Service, and will terminate access to the FreeTvAll Service, and remove all Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the FreeTvAll Service, (ii) any term of this Terms of Service, (iii) any policy or practice of FreeTvAll in operating the FreeTvAll Service, or (iv) any content or information transmitted through the FreeTvAll Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the FreeTvAll Service.
11.3 User Content.
Subject to section 7.2 above, if you notify FreeTvAll by submitting email to [email protected], FreeTvAll will discontinue prospective hosting and distribution of your Content.
12. Ownership; Proprietary Rights.
The FreeTvAll Service is owned and operated by FreeTvAll. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the FreeTvAll Service provided by FreeTvAll (the \\\"Materials\\\") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on the FreeTvAll Service are the property of FreeTvAll or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FreeTvAll or its affiliates and/or third-party licensors. Except as expressly authorized by FreeTvAll, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. FreeTvAll reserves all rights not expressly granted in this Terms of Service.
You agree to indemnify, save, and hold FreeTvAll, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the FreeTvAll Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. FreeTvAll reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FreeTvAll, and you agree to cooperate with FreeTvAll\\\'s defense of these claims. FreeTvAll will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FREEDOCAST, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREEDOCAST OR THROUGH THE FREEDOCAST SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM FREEDOCAST INCLUDES FREEDOCAST\\\'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 \\\"As is\\\" and \\\"As available\\\" and \\\"With All Faults\\\".
YOU EXPRESSLY AGREE THAT THE USE OF THE FREEDOCAST SERVICE IS AT YOUR SOLE RISK. THE FREEDOCAST SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING BROADCASTER CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FREEDOCAST SERVICE ARE PROVIDED ON AN \\\"AS IS\\\" AND \\\"AS AVAILABLE\\\", \\\"WITH ALL FAULTS\\\" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Service Operation and Content.
FREEDOCAST, ITâ€™S SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE FREEDOCAST SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
FREEDOCAST, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FREEDOCAST SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE FREEDOCAST PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.
THE SECURITY MEASURES TO PROTECT BROADCASTER CONTENT USED BY FREEDOCAST HEREIN ARE USED IN CONJUNCTION WITH THE BROADCASTER CONTENT \\\"AS-IS\\\" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
15. Limitation of Liability and Damages
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FREEDOCAST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING BROADCASTER CONTENT) ON THE FREEDOCAST PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FREEDOCAST, EVEN IF FREEDOCAST OR AN FREEDOCAST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL FREEDOCAST OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE FREEDOCAST PLATFORM OR YOUR INTERACTION WITH OTHER FREEDOCAST PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FREEDOCAST PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FREEDOCAST AND RECEIVED THROUGH OR ADVERTISED ON THE FREEDOCAST PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT FREEDOCAST HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FREEDOCAST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FREEDOCAST. FREEDOCAST WOULD NOT BE ABLE TO PROVIDE THE FREEDOCAST PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
FreeTvAll may provide you with notices, including those regarding changes to FreeTvAll\\\'s terms and conditions, by email, regular mail or postings on the FreeTvAll Service. Notice will be deemed given twenty-four hours after email is sent, unless FreeTvAll is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the FreeTvAll Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the FreeTvAll Service is deemed given 30 days following the initial posting.
The failure of FreeTvAll to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FreeTvAll.
17.3. Governing Law
This Agreement is governed by the laws of the United States and the federal state of Georgia and is subject to the exclusive jurisdiction of the courts at Georgia. The Users use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with FreeTvAll or relating in any way to the use of the Services shall be of the courts of Georgia, United States of America.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FreeTvAll without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.4, 6.5, and 7-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
17.8 Entire Agreement.
This is the entire agreement between you and FreeTvAll relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by FreeTvAll as set forth in section 4 above.
YOU AND FREEDOCAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE FREEDOCAST PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.