1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including
all Content available through cheerleadingtv.co.uk domain name,
the "Cheerleading TV Website",
or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE
TERMS AND CONDITIONS (the "Terms of Service") AND WHICH
ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any
of these terms, then please do not use the Cheerleading
TV Website.
2. Cheerleading
TV Website
These Terms of Service apply to all users of the Cheerleading
TV Website, including users who are also contributors of
video content, information, and other materials or services on
the Website. The Cheerleading TV
Website may contain links to third party websites that are not
owned or controlled by Cheerleading TV.
Cheerleading TV has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition,
Cheerleading TV will not and cannot
censor or edit the content of any third-party site. By using the
Website, you expressly relieve Cheerleading
TV from any and all liability arising from your use of
any third-party website. Accordingly, we encourage you to be aware
when you leave the Cheerleading TV
Website and to read the terms and conditions and privacy policy
of each other website that you visit.
3. Website Access
A. Cheerleading TV hereby grants
you permission to use the Website as set forth in this Terms of
Service, provided that: (i) your use of the Website as permitted
is solely for your personal use; (ii) you will not copy or distribute
any part of the Website in any medium without Cheerleading
TV prior written authorization; (iii) you will not alter
or modify any part of the Website other than as may be reasonably
necessary to use the Website for its intended purpose; and (iv)
you will otherwise comply with the terms and conditions of these
Terms of Service.
B. In order to access some
features of the Website, you may have to create an account. You
may never use another's account without permission. When creating
your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must
notify Cheerleading TV immediately
of any breach of security or unauthorized use of your account.
Although Cheerleading TV will not
be liable for your losses caused by any unauthorized use of your
account, you may be liable for the losses of Cheerleading
TV or others due to such unauthorized use.
C. You agree not to use or
launch any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the
Cheerleading TV servers in a given
period of time than a human can reasonably produce in the same
period by using a convention on-line web browser. Notwithstanding
the foregoing.
4. Intellectual Property Rights
The content on the Cheerleading TV
Website, including without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features
and the like ("Content") and the trademarks, service
marks and logos contained therein ("Marks"), are owned
by or licensed to Cheerleading TV,
subject to copyright and other intellectual property rights under
United Kingdom and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information
and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed,
or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. Cheerleading
TV reserves all rights not expressly granted in and to
the Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution
of User Submissions of third parties obtained through the Website
for any commercial purposes. If you download or print a copy of
the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to
circumvent, disable or otherwise interfere with security related
features of the Cheerleading TV
Website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Cheerleading
TV Website or the Content therein.
5. User Submissions
A. Cheerleading TV Website may
now or in the future permit the submission of videos or other
communications submitted by you ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions.
You understand that whether or not such User Submissions are published,
Cheerleading TV does not guarantee
any confidentiality with respect to any submissions.
B. You shall be solely responsible
for your own User Submissions and the consequences of posting
or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize
Cheerleading TV to use all patent,
trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and
use of the User Submissions in the manner contemplated by the
Website and these Terms of Service; and (ii) you have the written
consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness
of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated
by the Website and these Terms of Service. For clarity, you retain
all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to Cheerleading
TV, you hereby grant Cheerleading
TV a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions
in connection with the Cheerleading TV
Website and Cheerleading TV (and
its successor's) business, including without limitation for promoting
and redistributing part or all of the Cheerleading
TV Website (and derivative works thereof) in any media
formats and through any media channels. You also hereby grant
each user of the Cheerleading TV
Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions
as permitted through the functionality of the Website and under
these Terms of Service. The foregoing license granted by you terminates
once you remove or delete a User Submission from the Cheerleading
TV Website.
C. In connection with User
Submissions, you further agree that you will not: (i) 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 their rightful owner to post the material and to grant Cheerleading
TV all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage Cheerleading
TV or any third party; (iii) submit material that is unlawful,
obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil
liability, violate any law, or is otherwise inappropriate; (iv)
post advertisements or solicitations of business: (v) impersonate
another person. Cheerleading TV
does not endorse any User Submission or any opinion, recommendation,
or advice expressed therein, and Cheerleading
TV expressly disclaims any and all liability in connection
with User Submissions. Cheerleading TV
does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Cheerleading
TV will remove all Content and User Submissions if properly
notified that such Content or User Submission infringes on another's
intellectual property rights. Cheerleading
TV reserves the right to remove Content and User Submissions
without prior notice. Cheerleading TV
will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User
who has been notified of infringing activity more than twice and/or
has had a User Submission removed from the Website more than twice.
Cheerleading TV also reserves the
right to decide whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other
than copyright infringement and violations of intellectual property
law, such as, but not limited to, pornography, obscene or defamatory
material, or excessive length. Cheerleading
TV may remove such User Submissions and/or terminate a
User's access for uploading such material in violation of these
Terms of Service at any time, without prior notice and at its
sole discretion.
D. You understand that when
using the Cheerleading TV Website,
you will be exposed to User Submissions from a variety of sources,
and that Cheerleading TV is not
responsible for the accuracy, usefulness, safety, or intellectual
property rights of or relating to such User Submissions. You further
understand and acknowledge that you may be exposed to User Submissions
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 Cheerleading
TV with respect thereto, and agree to indemnify and hold
Cheerleading TV, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed
by law regarding all matters related to your use of the site.
F. Cheerleading
TV does not permit you to link to materials on the Website
for personal, & commercial purposes. In addition, Cheerleading
TV provides an "Emendable Player" feature, which
you may not incorporate into your own personal, commercial websites
for use in accessing the materials on the Website.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE CHEERLEADING
TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, CHEERLEADING TV
, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE
AND YOUR USE THEREOF. CHEERLEADING TV
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHEERLEADING
TV WEBSITE. CHEERLEADING TV
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE CHEERLEADING TV WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND CHEERLEADING TV
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL CHEERLEADING TV,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHEERLEADING
TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE
THAT CHEERLEADING TV SHALL NOT
BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR
DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled
and offered by Cheerleading TV
from its facilities in the United Kingdom. Cheerleading
TV makes no representations that the Cheerleading
TV Website is appropriate or available for use in other
locations. Those who access or use the Cheerleading
TV Website from other jurisdictions do so at their own
volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Cheerleading
TV, its parent corporation, officers, directors, employees
and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees) arising from: (i) your use of
and access to the Cheerleading TV;
(ii) your violation of any term of these Terms of Service; (iii)
your violation of any third party right, including without limitation
any copyright, property, or privacy right; or (iv) any claim that
one of your User Submissions caused damage to a third party. This
defense and indemnification obligation will survive these Terms
of Service and your use of the Cheerleading
TV Website.
9. Ability to Accept Terms
of Service
You affirm that you are either more than 18 years of age, or a
legal parent or guardian of an under 18 and you are taking full
consent for that person and monitoring there activities at all
times, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties
set forth in these Terms of Service, and to abide by and comply
with these Terms of Service.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned
by legal parental or guardian without restriction.
11. General
You agree that: (i) Cheerleading TV
Website shall be deemed solely based in the United Kingdom; and
(ii) Cheerleading TV Website shall
be deemed a passive website that does not give rise to personal
jurisdiction over Cheerleading TV,
either specific or general, in jurisdictions other than the UK.
These Terms of Service shall be governed by the laws of the United
Kingdom, without respect to its conflict of laws principles. Cheerleading
TV reserves the right to amend these Terms of Service at
any time and without notice, and it is your responsibility to
review these Terms of Service for any changes. Your use of the
Cheerleading TV Website following
any amendment of these Terms of Service will signify your assent
to and acceptance of its revised terms. YOU AND CHEERLEADING
TV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED
TO THE CHEERLEADING TV WEBSITE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.