IMPORTANT - PLEASE READ THIS TERMS OF SERVICE AGREEMENT ("TOS") CAREFULLY. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS; HAVE THE LEGAL AUTHORITY TO ACT ON BEHALF OF AND BIND YOUR COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS; AND ARE BINDING YOUR COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “COMPANY” AND “YOU” IN THIS AGREEMENT REFER TO SUCH ENTITY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR DO NOT HAVE THE AUTHORITY TO ACT ON BEHALF OF AND BIND YOUR COMPANY OR OTHER LEGAL ENTITY, NEITHER YOU NOR THE COMPANY (OR OTHER LEGAL ENTITY) MAY ACCESS OR USE THE HOMETOWN NETWORKS LLC EQUIPMENT OR SERVICES.Welcome to Hometown Networks. Hometown Networks applications, platform, web site (HometownNetworks.tv), and any other web sites, mobile applications, or services operated or produced by Hometown Networks LLC, including the StriveCast Platform (collectively, “The Hometown Networks Platform”). Hometown Networks values the privacy of the users, subscribers, publishers, editors, members, and others who visit and use The Hometown Networks Platform (collectively or individually, “You” or “Users”).
The following Terms of Service for the 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 Hometown Networks regarding your use of the Service.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH HOMETOWN NETWORKS ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION") THEN YOU REPRESENT AND WARRANT THAT YOU:
- (I)ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS;
- (II)HAVE READ THESE TERMS;
- (III)UNDERSTAND THESE TERMS, AND
- (IV)AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
The Service is not available to persons under the age of 13 or to any users previously suspended or removed from the Service. Hometown Networks is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service are responsible for supervision of that access. When you register a Hometown Networks account for your child or allow your child to register his or her own Hometown Networks account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children accessing the Service. By allowing access to your child, you also give your child permission to access many areas of the Service. Accordingly, as the legal guardian, it is your responsibility to determine whether the content is appropriate for your child. BY DOWNLOADING, INSTALLING, PURCHASING FROM OR OTHERWISE USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.
3. Modification of these Terms.
Hometown Networks reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the 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 Service. We will always make a reasonable effort to notify you if we do change these Terms.
4. Digital Millennium Copyright Act.
Please note that since we respect artist and content owner rights, it is Hometown Networks' policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please note that Hometown Networks will promptly terminate without notice any User's access to the Service if that user is determined by Hometown Networks to be a "repeat infringer." A repeat infringer is a User who has been notified by Hometown Networks of infringing activity violations more than twice and/or who has had their Hometown Networks Content or any other user-submitted content removed from the Service more than twice. In addition, Hometown Networks accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5. Hometown Networks Service and Hometown Networks Content License Grant.
5.1 License Grant to Upload or Stream.
Hometown Networks allows certain users ("Members") to distribute streaming live and pre-recorded videos. If you sign up for an account as a Member, subject to your compliance with the terms and conditions set out in these Terms, Hometown Networks hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Service for the uploading and distributing of digital content, including videos ("Hometown Networks Content"). Content is uploaded at your own risk. Notwithstanding any obligations hereunder of Hometown Networks to protect Hometown Networks Content, Hometown Networks cannot guarantee that there will be no unauthorized copying or distribution of Hometown Networks Content nor will Hometown Networks be liable for any copying or usage of Hometown Networks Content not authorized by Hometown Networks.
5.2 License Grant to View by Streaming or Clipping.
If you sign up for an Account, subject to your compliance with these Terms, Hometown Networks hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view by streaming Hometown Networks Content solely through the Service subject to the license under which such Hometown Networks Content is distributed. Hometown Networks reserves the right to charge Members a fee to clip, mix or download Hometown Networks Content. If you have paid for the right to clip, mix or download Hometown Networks Content, and subject to your compliance with the terms and conditions set out in these Terms, Hometown Networks hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to use such Hometown Networks Content for personal, non-commercial purposes, subject to the license under which such Hometown Networks Content is distributed. You are solely responsible for determining whether such use of Hometown Networks Content requires the consent of any other person or the license of any additional rights (for example, rights of publicity, consents and releases from persons depicted in Hometown Networks Content). Hometown Networks MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO HOMETOWN NETWORKS CONTENT.
The use of the Service, including video events, tools and features made available through the Service, is solely for your personal and non-commercial use. Your use of any feature on the Service that enables clipping and sharing of Hometown Networks Content from the Service and/or use of Hometown Networks Content may be implemented only through the tools provided for such feature without any copying of Hometown Networks Content, and is strictly for personal use and may not be used to distribute, syndicate or share with others via any commercial site, service or page. Other terms may be posted with and apply to use of such features.
Hometown Networks Content features students and young people and certain Hometown Networks Content is produced by broadcasting schools and their students. As such, Hometown Networks Content and the Service are intended to be suitable for a general audience, including students and their friends and family members. Hometown Networks requires a socially appropriate level of decorum in your use and sharing of Hometown Networks Content. You agree to not use Hometown Networks Content in any manner that could incur liability for, damage, embarrass, or libel Hometown Networks, its affiliates, advertisers, or the creator of Hometown Networks Content. As such, Hometown Networks reserves the right to refuse to broadcast content that it, in its sole discretion, determines to be offensive or inappropriate based on community standards.
5.3 Reservation of Rights.
Hometown Networks reserves all rights not expressly granted in these Terms.
5.4 Prevention of Unauthorized Use.
Hometown Networks reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service and Hometown Networks Content, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. You agree not to distribute in any medium any part of the Service or Hometown Networks Content without written authorization, unless Hometown Networks makes available the means for such distribution through functionality offered by Hometown Networks (such as the embeddable player or embeddable scoreboard). Hometown Networks provides the ability to embed content on other sites for non-commercial purposes only. Hometown Networks provides this content through embed codes. Any use of Hometown Networks embed codes for commercial purposes is strictly prohibited. If you would like to use our embeds for commercial purposes contact support@HometownNetworks.tv. If you use our embed codes on your website, you may not modify, build upon, or block any portion or functionality of Hometown Networks embeddable content, including but not limited to links back to Hometown Networks website. You agree not to access content through any technology or means other than the video playback pages of Hometown Networks or other explicitly authorized means Hometown Networks may designate.
6. Hometown Networks Broadcast Program Terms.
Hometown Networks Broadcast Program consists of the authorized streaming, uploading, distribution and management of video content, channels, and followers over the Internet with an opportunity to generate revenue from such activities (collectively "Broadcast Program"). If you request and are approved to be an admin or broadcaster under our Broadcast Program you agree to the following additional terms.
6.1 Streaming Platform.
You agree to use the Hometown Networks Streaming Platform for live streaming, uploading, distribution and management of video content, channels, and followers over the Internet.
Hometown Networks agrees to provide a basic streaming platform at no cost to you but reserves the right to restrict and charge fees for high quality and HD streaming, hosting videos, downloading videos, creating highlight clips, making highlight reels and any other feature.
6.3 Broadcast Equipment.
You agree to provide / lease all necessary broadcast equipment and Internet connection.
You agree to use your best efforts to schedule broadcasts in advance.
You agree to use your best efforts to promote the broadcasts by utilizing your website, email, internal announcements, event banners and public address announcements at the event.
You agree that Hometown Networks and/or you may sell advertising sponsorships for your events appearing on the Hometown Networks Platform. All advertisements will strictly adhere to Hometown Networks advertising guidelines.
6.7 Advertising Sales Program and Revenue Share.
Hometown Networks Advertising Sales program is primarily intended for Hometown Networks Advertising Sales team to sell sponsorships of your Hometown Networks events. The revenue generated from this program is allocated 100% to Hometown Networks to cover the cost of the streaming platform. Hometown Networks may provide a program for you to sell sponsorships in addition to what is sold by Hometown Networks Advertising Sales team. Hometown Networks agrees to provide the advertising sales, support and revenue share as follows: Hometown Networks provides you the ability to contact local businesses in addition to Hometown Networks Advertising Sales team. In this case, your advertising sales team will call on local business and sponsorships for your Hometown Networks events. The sponsorship packages and rates available to sell will be detailed on our Hometown Networks sponsor package. Your advertising sales team will obtain a signed insertion order and send to advertising@HometownNetworks.tv.
Data (recording/streaming) usage must be paid for in advance.
6.9 Reservation of Rights.
Hometown Networks reserves all rights not expressly granted in this Terms of Broadcast Program including the ability to charge you fees for high quality streaming, hosting of videos, archiving videos, generating highlight clips, generating highlight reels or other features Hometown Networks deems necessary to cover the cost of its streaming platform. In addition, Hometown Networks reserves the right charge users a fee to watch, stream, clip, mix or download your video, charge users a fee to experience Hometown Networks without any advertising or from any other feature Hometown Networks deems necessary to cover the cost of its streaming platform.
You acknowledge you have the express written consent of the Subscribing Organization, or other rights holder’s permission to all content provided.
Hometown Networks reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Your continued use of Hometown Networks Broadcast Program 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 Hometown Networks Broadcast Program. We will always make a reasonable effort to notify you if we do change these Terms.
You agree that Hometown Networks, in its sole discretion, for any or no reason, and without penalty, may terminate your access to Hometown Networks Broadcast Program and remove and discard all or any part of your account or Hometown Networks Content, at any time.
Hometown Networks may also in its sole discretion and at any time discontinue providing access to Hometown Networks Broadcast Program, or any part thereof, with or without notice. You agree that any termination of your access to Hometown Networks Broadcast Program or any account you may have or portion thereof may be effected without prior notice, and you agree that Hometown Networks 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 Hometown Networks may have at law or in equity. As discussed herein, Hometown Networks does not permit copyright infringing activities on Hometown Networks Broadcast Program, and will terminate access to Hometown Networks Broadcast Program, and remove all Hometown Networks 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) Hometown Networks Broadcast Program, (ii) any term of this Terms of Broadcast Program, (iii) any policy or practice of Hometown Networks in operating Hometown Networks Broadcast Program, or (iv) any content or information transmitted through Hometown Networks Broadcast Program, is to terminate this Terms of Broadcast Program and your account. You may terminate this Terms of Broadcast Program at any time by discontinuing use of any and all parts of Hometown Networks Broadcast Program.
7. Hometown Networks Content License Grant; Representations and Warranties.
7.1 License Grant to Hometown Networks.
Unless otherwise agreed to in a written agreement between you and Hometown Networks that was signed by an authorized representative of Hometown Networks:
7.2 License Grant to other Hometown Networks users.
By distributing or disseminating Hometown Networks Content through the Service, you hereby grant to each User of the Service that is authorized to access your Hometown Networks Content a perpetual, personal, non-commercial, non-transferable, non-exclusive license to access and view your Hometown Networks Content, including by way of clipping, mixing or downloading so long as such use is compliant with the terms and conditions of these Terms.
7.3 Hometown Networks Content Representations and Warranties.
You are solely responsible for your Hometown Networks Content and the consequences of posting or publishing such content. By uploading and publishing your Hometown Networks 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 Hometown Networks and Hometown Networks' Users to use your Hometown Networks Content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Hometown Networks and these Terms
- 2. Your Hometown Networks 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 Hometown Networks Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. Hometown Networks reserves all rights and remedies against any Users who violate these Terms.
7.4 Hometown Networks Content Disclaimers.
You understand that when using the Service you will be exposed to Hometown Networks Content from a variety of sources, and that Hometown Networks is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Hometown Networks Content. You further understand and acknowledge that you may be exposed to Hometown Networks 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 Hometown Networks with respect thereto. Hometown Networks does not endorse any Hometown Networks Content or any opinion, recommendation or advice expressed therein, and Hometown Networks expressly disclaims any and all liability in connection with Hometown Networks Content. If notified by a User or a content owner of Hometown Networks Content that allegedly does not conform to these Terms, Hometown Networks may investigate the allegation and determine in its sole discretion whether to remove Hometown Networks Content, which it reserves the right to do at any time and without notice. For clarity, Hometown Networks does not permit copyright infringing activities on the Service.
8. Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
8.1Use the Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Service as such services are offered by Hometown Networks;
8.2Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3Post, upload, or distribute any defamatory, libelous, or inaccurate Hometown Networks Content or other content;
8.4Post, upload, or distribute any Hometown Networks 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;
8.5Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
8.6Delete the copyright or other proprietary rights on the Service or Hometown Networks Content;
8.7Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the 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;
8.8Use the 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;
8.9Defame, harass, abuse, threaten or defraud Users of the Service, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10Use the Service if you are under the age of thirteen (13) years old;
8.11Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or Hometown Networks Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or Hometown Networks Content;
8.12Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13Modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14Intentionally interfere with or damage operation of the Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15Relay email from a third party's mail servers without the permission of that third party;
8.16Use any robot, spider, scraper, or other automated means to access the Service for any purpose or bypass any measures Hometown Networks may use to prevent or restrict access to the Service;
8.17Manipulate identifiers in order to disguise the origin of any Hometown Networks Content transmitted through the Service; or
8.18Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
When you use the Service to upload and/or download or purchase content or any products, services, or information from Hometown Networks, 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 Hometown Networks 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 Hometown Networks. You may be liable for the losses incurred by Hometown Networks or others due to any unauthorized use of your account.
10. Third-Party Sites, Products and Services; Links.
The Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Hometown Networks 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 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.
11.1 Hometown Networks.
You agree that Hometown Networks, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with Hometown Networks or your use of the Service and remove and discard all or any part of your account, User profile, and any Hometown Networks Content, at any time. Hometown Networks may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Hometown Networks 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 Hometown Networks may have at law or in equity. As discussed herein, Hometown Networks does not permit copyright infringing activities on the Service, and will terminate access to the Service, and remove all Hometown Networks 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 Service, (ii) any term of these Terms, (iii) any policy or practice of Hometown Networks in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and discontinue your use of the Service.
11.3 Hometown Networks Content.
Subject to section 7.2 above, if you notify Hometown Networks by submitting email to support@HometownNetworks.tv. Hometown Networks will discontinue prospective hosting and distribution of your Hometown Networks Content.
12. Ownership; Proprietary Rights.
The Service is owned and operated by Hometown Networks. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Service provided by Hometown Networks (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 Hometown Networks Content that are provided and owned by Users, all Materials contained on the Service are the property of Hometown Networks or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Hometown Networks or its affiliates and/or third-party licensors. Except as expressly authorized by Hometown Networks, 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. Hometown Networks reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Hometown Networks, its affiliated companies, successors, assigns, 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 Service, Hometown Networks Content, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Hometown Networks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hometown Networks, and you agree to cooperate with Hometown Networks' defense of these claims. Hometown Networks 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, HOMETOWN NETWORKS, AND ITS AFFILIATES, LICENSORS, 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 HOMETOWN NETWORKS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM HOMETOWN NETWORKS INCLUDES HOMETOWN NETWORKS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults".>
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND HOMETOWN NETWORKS CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING HOMETOWN NETWORKS CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE 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 Hometown Networks Content.
HOMETOWN NETWORKS, ITS AFFILIATES, LICENSORS, PARTNERS, AND SUPPLIERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE 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.
HOMETOWN NETWORKS, ITS AFFILIATES, LICENSORS, PARTNERS, AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE 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 HOMETOWN NETWORKS 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 HOMETOWN NETWORKS CONTENT USED BY HOMETOWN NETWORKS HEREIN ARE USED IN CONJUNCTION WITH HOMETOWN NETWORKS 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 HOMETOWN NETWORKS 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 HOMETOWN NETWORKS CONTENT) ON THE HOMETOWN NETWORKS PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH HOMETOWN NETWORKS, EVEN IF HOMETOWN NETWORKS OR AN AUTHORIZED REPRESENTATIVE OF HOMETOWN NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL HOMETOWN NETWORKS 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 HOMETOWN NETWORKS PLATFORM OR YOUR INTERACTION WITH OTHER HOMETOWN NETWORKS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HOMETOWN NETWORKS 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 HOMETOWN NETWORKS AND RECEIVED THROUGH OR ADVERTISED ON THE HOMETOWN NETWORKS PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT HOMETOWN NETWORKS 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 HOMETOWN NETWORKS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOMETOWN NETWORKS. HOMETOWN NETWORKS WOULD NOT BE ABLE TO PROVIDE THE HOMETOWN NETWORKS 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 these Terms are contingent on your compliance with this provision.
Hometown Networks may provide you with notices, including those regarding changes to Hometown Networks' terms and conditions, by email, regular mail or postings on the Service. Notice will be deemed given twenty-four hours after email is sent, unless Hometown Networks 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 Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Service is deemed given 30 days following the initial posting.
The failure of Hometown Networks 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 Hometown Networks.
17.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Hometown Networks will be filed only in the state or federal courts in the home jurisdiction of Hometown Networks corporate offices, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
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 any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hometown Networks 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 and 7.
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.
17.9 Entire Agreement.
This is the entire agreement between you and Hometown Networks 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 made by Hometown Networks as set forth in section 3 above.
YOU AND HOMETOWN NETWORKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOMETOWN NETWORKS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Hometown Networks LLC located at: 3853 Northdale Blvd #389 Tampa, FL 33624 and email: support@HometownNetworks.tv. You may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Platform Privacy NoticeLast modified on February 10, 2017
Welcome to Hometown Networks. Hometown Networks applications, platform, web site (HometownNetworks.tv), and any other web sites, mobile applications, or services operated or produced by Hometown Networks LLC, including the StriveCast Platform (collectively, “The Hometown Networks Platform”). Hometown Networks values the privacy of the users, subscribers, publishers, editors, members, and others who visit and use The Hometown Networks Platform (collectively or individually, “You” or “Users”).
This Privacy Notice is incorporated into and is subject to the Hometown Networks Platform Terms of Service. Your use of the Hometown Networks Platform and any personal information you provide through the Hometown Networks Platform are subject at all times to this Privacy Notice and the Terms of Service.
- The Information Hometown Networks Collects
- How Hometown Networks Uses Information
- When Hometown Networks Discloses Information
- Your Choices
- In the Event of Merger or Sale
- Data Security
- Children’s Privacy
- International Visitors
- Changes and Updates to this Privacy Notice
- Hometown Networks Contact Information
1. The Information Hometown Networks Collects
User-provided Information: You may provide to Hometown Networks what is generally called “personally identifiable” information (such as your name, e-mail address, postal mailing address, home/mobile telephone number, credit card number and billing information) if you upload, purchase, or view or download certain content or products from the Hometown Networks Platform, enter contests or sweepstakes, or otherwise use the features and functionality of the Hometown Networks Platform. “Cookies” Information: When you access the Hometown Networks Platform, we may send one or more cookies to your computer. Hometown Networks may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Hometown Networks Platform. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.
Flash LSOs: We may use local shared objects, also known as Flash cookies, to store your preferences such as volume control or display content based upon what you view on our site to personalize your visit. Third Parties, with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity, use Flash cookies to collect and store information.
Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies visit http://www.macromedia.com and visit support.
“System Information”: When you access the Hometown Networks Platform or open one of our e-mails, our platform may record certain information from your system by using different types of tracking technology. This “System Information” may include a unique user ID, version of software installed, Internet Protocol address (“IP Address”), system type, the content and pages that you access on the Hometown Networks Platform, location, and the times and dates that you visit the Hometown Networks Platform.
2. How Hometown Networks Uses Information
Hometown Networks uses the information that you provide or that we collect to maintain, enhance and provide the features and services on the Hometown Networks Platform as well as to track user-generated content and Users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act.
We will use your e-mail address, without further consent, to address copyright infringement or defamation issues, or to contact you regarding any content that you have posted to or downloaded from the Hometown Networks Platform, for administrative communications such as notifying you of major Hometown Networks Platform updates, for customer service purposes.
Hometown Networks uses all of the information that we collect to understand the usage trends and preferences of our Users, to improve the way the Hometown Networks Platform works and looks, and to create new features and functionality.
Hometown Networks may use “System Information” and “Cookies” information to: remember your information so that you will not have to re-enter it during your visit or the next time you access the Hometown Networks Platform; automatically update Hometown Networks application on your system; provide customized third-party advertisements, content and information; monitor the effectiveness of third-party marketing campaigns; monitor aggregate site usage metrics such as total number of visitors and pages accessed; and track your entries, submissions, and status in any promotions or other activities.
3. When Hometown Networks Discloses Information
Hometown Networks may share your personally identifiable information with your Company, Organization, High School, Team, or other group. Hometown Networks does not share your personally identifiable information with other organizations for their marketing or promotional uses without your prior express consent
Please be aware, however, that any personally identifiable information that you voluntarily choose to display on any publicly available portion of the Hometown Networks Platform becomes publicly available and may be collected and used by others without restriction. Hometown Networks may disclose “System Information” and other aggregate non-personally identifiable information with interested third parties to assist such parties in understanding the usage and demographic patterns for certain programs, content, services, advertisements, promotions, or other functionality of Hometown Networks.
We may disclose some User information to affiliated companies or other businesses or persons to: fulfill orders; conduct data analysis; provide web site hosting, maintenance, and security services; offer certain functionality; and assist Hometown Networks in improving the Hometown Networks Platform. We require that these parties process such information in compliance with this Privacy Notice, we authorize only a use of such information and we require these parties to use reasonable confidentiality measures.
Hometown Networks may disclose User information if required to do so by law or in the goodfaith belief that such action is necessary to comply with state and federal laws (such as US Copyright law) or respond to a judicial or other government subpoena, court order, or warrant in the manner required by the requesting entity.
Hometown Networks also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Hometown Networks from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Hometown Networks Platform; or to protect the rights, property, or personal safety of any person.
4. Your Choices
You may decline to share your personally identifiable information with Hometown Networks, in which case Hometown Networks will not be able to provide to you some of the features and functionality found on the Hometown Networks Platform. You may update, correct, or delete your user information and preferences at any time once you have logged in to the Hometown Networks Platform. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.
5. In the Event of Merger or Sale
In the event that Hometown Networks is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of that merger, acquisition, sale, or other change of control.
Hometown Networks may allow advertisers, third party advertising networks and advertising serving companies to serve advertisements directly to you. By serving these advertisements directly to you, these companies can set their own cookies on your computer and trigger their own Web beacons to measure the effectiveness of their advertisements and to personalize the advertising content. Hometown Networks does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent.
7. Data Security
Hometown Networks uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Hometown Networks, and you do so at your own risk. Once we receive your transmission of information, Hometown Networks makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our managerial, physical or technical safeguards.
If Hometown Networks learns of a security breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Hometown Networks may post a notice on the Hometown Networks Platform if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach you should notify us at email@example.com.
8. Our Commitment to Children’s Privacy
If you are under 13 years of age, then please do not use or access the Hometown Networks Platform at any time or in any manner.
Protecting the privacy of young children is especially important. For that reason, Hometown Networks does not knowingly collect or maintain personally identifiable information from persons under 13 years-of-age. If Hometown Networks learns that personally-identifiable information of persons less than 13-years-of-age has been collected on or through the Hometown Networks Platform, then Hometown Networks will take the appropriate steps to delete this information.
If you are the parent or legal guardian of a child under 13 who has become a Hometown Networks Platform member, then please contact Hometown Networks at firstname.lastname@example.org to have that child’s account terminated and information deleted.
9. International Visitors
For Users visiting the Hometown Networks Platform from outside of the United States, please note that any data you enter into the Hometown Networks Platform will be transferred outside your country for use by Hometown Networks and its affiliates for any of the purposes described herein. In addition, because Hometown Networks operates internationally, we may make information we gather available to worldwide business units and affiliates. By providing any data on the Hometown Networks Platform, you hereby consent to such transfers of your data to the United States or other countries.
10. Changes and Updates to this Privacy Notice
This Privacy Notice may be revised periodically without further notice to you and this will be reflected by a “last modified” date. Please revisit this page to stay aware of any changes. Your continued use of the Hometown Networks Platform constitutes your agreement to this Privacy Notice and any future revisions.
11. Hometown Networks Contact Information
Please contact Hometown Networks with any questions about this Privacy Notice, your personal information, and our third-party disclosure practices or your consent choices at: 3853 Northdale Blvd #389 Tampa, FL 33624. By e-mail: email@example.com. We will respond to your inquiry within 30 days of its receipt.