These Terms govern the use of and access to MyTV (the “Service”) located at http://my.tv, and provided by MyLikes, Inc, including any applications, websites, APIs or other means of access or use.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these terms.
You are responsible for your use of the Service, for any content you post to the service, and for any consequences related to your use of or posting of content on the Service.
Any Content uploaded or disclosed to the Service may be viewed by other users of the service and through third-party services and websites over which MyTV has no control. You should only provide content you are comfortable with sharing to MyTV users.
You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up-to-date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. MyTV reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service at any time.
You may only use MyTV if you can form a binding contract with MyLikes, Inc and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms on the behalf of a company, organization, government, or any other entity, you represent and warrant that you are authorized to do so. You may only use MyTV in compliance with these terms and all applicable laws, rules and regulations.
Because MyTV is always evolving, both the form and nature of the Service may change from time to time without prior notice to you. At its sole discretion, MyLikes, Inc may stop providing MyTV to you or to any users and may not be able to provide prior notice. MyLikes, Inc. retains the right to create limits on use of the service at their sole discretion, at any time without prior notice to you.
Upon completing the registration process you will have created a password and account ID. You are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify MyTV in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. MyTV will not be responsible or liable for any loss or damage incurred, or later arising from your failure to maintain the confidentiality of your account credentials.
All Content posted to the service is the sole responsibility of the user who originated that content. MyTV may, but is not required to, monitor or control content posted to or using the Service and cannot take responsibility for said content. Any use or reliance on content posted to MyTV is at your own risk.
MyTV does not represent or guarantee completeness, accuracy, or reliability of any content posted to the Service. By using the Service you may be exposed to content that is inaccurate, offensive, inappropriate, or harmful. In some cases, postings or users may be mislabeled or deceptive. Under no circumstances will MyLikes, Inc be liable in any way for content, including but not limited to errors, omissions, loss, or damage of any kind incurred as a result of the use of any content made available via the Service.
You retain your rights to any original or licensed content you upload or transmit to the Service.
In order to make MyTV available, MyLikes, Inc needs a license from you to host your original or licensed content.
You represent and warrant that you have sufficient rights to grant this license.
Use of content uploaded to the Service by MyLikes, Inc or other companies, organizations, or individuals who partner with MyLikes, Inc may be made with no compensation paid to you with respect to the Content that is uploaded or transmitted to the Service.
MyTV strictly prohibits use of the Service to upload content you do not possess a license to upload or share. Your content may be syndicated, broadcast, distributed, or published by MyTV or its partners, and if you do not have the right to submit Content for such use, submitting it may subject you to liability. MyLikes, Inc will not be responsible or liable for any use of your Content by MyLikes, Inc in accordance with these terms.
The Service will review all claims of copyright infringement received and remove content deemed to have been posted or distributed without a license. To make a claim, please provide us with the following:
Claims can be sent to help (at) MyTV.com or to the address listed at http://my.tv/dmca
You shall not, and shall not authorize or encourage any third party to:
You agree to indemnify and hold harmless MyTV, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
The Service and the Software are made available to you for your convenience on an "as is" and "as available" basis. MyTV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE. MyTV does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still alpha/beta versions and may not perform with complete functionality, may add or remove features, may be undergoing testing, may be inconsistently available, may have software "bugs" and may have other issues affecting availability and functionality.
Further, MyTV does not warrant or represent that the Service and/or the Software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
If you are dissatisfied with the Service, or have any other disputes or claims with or against us with respect to the Service or these Terms, then your sole and exclusive remedy is to discontinue using the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MyTV AND ITS PARENT ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (a) ACCESS TO INABILITY TO ACCESS MyTV; (b) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON MyTV, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; (c) ANY CONTENT OBTAINED FROM MyTV; OR (d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MyTV OR ITS PARENT ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MyLikes, Inc., IF ANY, IN THE PAST SIX MONTHS FOR MyTV SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The failure of MyTV or MyLikes, Inc. to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with MyTV will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using MyTV in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
From time to time, MyTV may revise these Terms without notice to you. The most current version will always be at My.TV/tos. We encourage you to check for updated terms on a regular basis, because these terms will apply to you and your account immediately upon posting, whether or not you actually review them.
If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to discontinue use of MyTV.