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Please read the following Terms and Conditions of Use (the "Terms") carefully before continuing. By reading these Terms and Conditions and clicking the Submit button, you expressly signify your acceptance of the following Terms. If you do not agree to these Terms, do not use this Website or any tvCompass™ products or iTV MARKET.

1. Copyrights

Copyrights. All content included on this Website, such as tvCompass Trademarks, text, graphics, logos, button icons, and images, is the property of tvCompass or its content suppliers and protected by UK, U.S. and international copyright laws. Except where indicated otherwise, the content on this Website may only be used as an informational resource for personal, non-commercial use. Any other use, including the framing, reproduction, modification, distribution, transmission, republication, or display of the content on this Website is strictly prohibited.

2. Client Responsibilities.

2.1 Authorized Use. You agree not to authorize any third party without specific tvCompass agreement to: (i) modify or copy in whole or in part the Trademarks; (ii) rent, lease, sell, transfer, or further sublicense the Trademarks or tvCompass iTV MARKET or; (iii) reproduce or distribute the Trademarks other than as specifically authorized in this Section.

2.2 Privacy Policy. Please click here to link to tvCompass's privacy policy.

2.3 Accuracy of Information. As part of the consideration for your use of this Website and any tvCompass iTV MARKET, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or tvCompass has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, tvCompass has the right to suspend or terminate your Account (see 2.4) and refuse any and all current or future use of any tvCompass iTV MARKET.

2.4 Account. Upon providing tvCompass with your name, e-mail address, e-mail password, country of residence, Zip or Postal Code and telephone number, a tvCompass account shall be opened in your name and a unique identifier shall be assigned to you by tvCompass. You agree to immediately notify tvCompass of any unauthorized use of your account. You are responsible for all activity taking place with use of your account.

2.5 Linking. Other users and Websites may include a link to tvCompass's Website by pointing to tvCompass's homepage (http://www.tvCompass.com) only. Linking to other content within tvCompass's Website is prohibited without tvCompass's express written permission. tvCompass is in no way responsible for the content of any third party Website linked to tvCompass's Website via hyperlink, whether such hyperlink is provided by tvCompass or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any Website to which this Website may link, nor is tvCompass endorsing iTV MARKET provided by any third party Website's sponsoring organization, and tvCompass takes no responsibility therefore. Under no circumstances will tvCompass be held liable for any computer viruses, system failure or malfunction that may occur during hyperlink to third party Websites.

3. Indemnity.

You agree to defend and hold tvCompass and its directors, officers, employees, consultants or agents ("Affiliates") harmless from and against any and all claims, judgments, damages, losses, costs, expenses, obligations, liabilities (including reasonable attorney's fees and costs) resulting from any breach of this Agreement.

4. General Disclaimer; Content Disclaimer

THE TRADEMARKS AND THE tvCompass iTV MARKET ARE PROVIDED "AS IS," AND MAY CONTAIN ERRORS OR INACCURACIES. YOU USE THE TRADEMARKS AND tvCompass iTV MARKET AT YOUR OWN RISK. tvCompass HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

5. Limitation of Liability.

IN NO EVENT SHALL tvCompass BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (i) THE DEFICIENCY OR INADEQUACY OF THE TRADEMARKS OR tvCompass iTV MARKET FOR ANY PURPOSE WHETHER OR NOT KNOWN OR DISCLOSED TO YOU; (ii) USE OF THE TRADEMARKS OR THE AVAILABILITY OF THE tvCompass iTV MARKET; OR (iii) THE ACCURACY OF THE TRADEMARKS OR ERROR-FREE OPERATION OF THE tvCompass iTV MARKET. tvCompass SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IRRESPECTIVE OF WHETHER tvCompass HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. tvCompass'S LIABILITY FOR CLAIMS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE USER TO tvCompass IN THE PAST 12 MONTHS.

6. Term and Termination.

6.1 Term. This Agreement is effective from the Effective Date and will continue in full force and effect until it is terminated pursuant to the provisions of Section 6.2 below (the "Term").


6.2 Termination.

  6.2.1 You may terminate this Agreement for any reason whatsoever upon (i) written notice to tvCompass; (ii) by sending an e-mail notice to sales@tvCompass.com.
   
  6.2.2 Return Upon Termination. Immediately upon termination of this Agreement, you shall remove all tvCompass products and iTV MARKET from your device. On or before five days after the termination of this Agreement, you must destroy, erase and delete all copies of the Intellectual Property in Your possession and on any Website(s).

7. Miscellaneous.

7.1 Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to that state's conflict of laws provisions. However, tvCompass may, at its sole discretion, elect instead to seek resolution in the English courts.

7.2 Severability. In the event that any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, that provision shall be construed so as to give closest effect to the intent of the parties, and the remaining portions of this Agreement shall remain in full force and effect.

7.3 Relationship. Nothing contained in this Agreement shall be construed as creating a joint venture, NEWS & PRESShip, agent or employment relationship between you and tvCompass.

7.4 Waiver. The failure by tvCompass to enforce any section of this Agreement shall not be construed as a waiver of such provisions or of the right to enforce that, or any other, provision of this Agreement. No waiver will be construed as a continuing waiver.

7.5 Modification. tvCompass reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without prior notification. In addition, when using a particular tvCompass service, you and tvCompass shall be subject to any posted guidelines or rules applicable to such service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. tvCompass may terminate, change, suspend or discontinue any aspect of the tvCompass Website, including the availability of any features of the Website or tvCompass iTV MARKET, at any time. tvCompass may also impose limits on certain features and iTV MARKET or restrict your access to parts or all of the Website without notice or liability.

7.6 Complete Agreement. This Agreement represents the sole and exclusive Agreement between you and tvCompass regarding the subject matter of this Agreement. The parties may amend this Agreement at any time via a written instrument signed by both of them.

7.7 No Assignment. You may not assign any of your rights or obligations under this Agreement. Any attempted assignment in derogation of this Section shall be null and void.

 

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