- Purpose
- Welcome to AmericaFree.TV. AmericaFree.TV is a free online content viewing service featuring, among other things, adventure, classic, comedy, and sci-fi content. AmericaFree.tv is television for the people, by the people. It is democratic television broadcasted free across the Internet. Not democratic in the political sense, but democratic in the "everyone should get what they want" sense. It's a living room you can share with your friends, wherever they may be - someplace to put your feet up and check out what's on.
The AmericaFree.TV service (the "Service") is operated by America Free TV LLC. ("Company"). These terms of use (the "Terms of Use") govern the Service and the use of the <http://www.americafree.tv> website (collectively, the "Website").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SERVICE OR THE WEBSITE. If you decline these Terms of Use, please do not use or participate in the Service or the Website.
By using the Service or the Website, you SIGNIFY YOUR ASSENT TO THESE TERMS OF USE and agree that you are responsible for compliance with any applicable federal, state, and local laws. The Company reserves the right, in its sole discretion, to change, modify, delete or otherwise alter portions of these terms at any time without further notice. Any such change, modification, deletion or alteration shall be effective immediately upon posting the same on the Website. Please check these terms periodically for changes, as the top of this page will indicate the date these terms were last revised. Your continued participation with the Service and use of the Website constitutes your agreement to all such terms, conditions, and notices. - DESCRIPTION OF SERVICE
- In order to use the Service and Website, you must obtain access to the Internet, either directly or through devices that access Internet-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and/or the mobile telephone voice and/or data network, including a computer and modem or other access device.
The Company grants you a limited license to access and make personal use of the Service and the Website, but not to download (other than page caching) or modify any portion of the Website, except as specifically authorized on the Website or otherwise with the Company's express written consent. This license does not include, among other things: any resale or commercial use of the Service or the Website; any derivative use of the Website and/or its respective contents; any downloading or copying of account information for the benefit of a third party not authorized by the Company; or any use of data mining, robots, or similar data gathering and extraction services. The Website and/or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the Company's express written consent. Such limited license is subject to these Terms of Use. - CONTENT SUBMISSIONS
- Certain portions of the Service and Website allow you to post or upload videos, music, materials, comments, information, or other content (collectively, "User Generated Content"). The Company has no obligation to review the User Generated Content posted and/or submitted by users accessing the Service or Website. The Company is not in any manner responsible for User Generated Content, does not guarantee the accuracy, integrity or quality of User Generated Content, and cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any or User Generated Content or activities of users of the Service or on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of the Company.
Notwithstanding the foregoing, you acknowledge and agree that the Company has the absolute right, but not the obligation, to monitor User Generated Content posted to the Website in its sole discretion. In addition, the Company reserves the right to alter, edit, refuse to post, or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that the Company does not have any obligation to use or respond to any User Generated Content.
You may not post or otherwise distribute User Generated Content to the Website which is abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of the Company's, illegal, or otherwise objectionable to the Company. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website. Without limiting your indemnification obligations provided in the Indemnification section below, you shall indemnify and hold the Company harmless with respect to all claims resulting from User Generated Content you supply.
You represent and warrant that you are the sole and absolute owner of the User Generated Content, the copyright pertaining thereto, and all rights associated with or relating to the User Generated Content, or possess the rights necessary to allow the User Generated Content to be used, displayed, published, and reproduced on the Website.
Your User Generated Content is not confidential or proprietary. When you post User Content to the Website, you authorize and direct the Company to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Generated Content on the Website. You grant to the Company a non-exclusive, non-revocable, worldwide, perpetual right to use your User Generated Content, in whole or in part, in any manner or media now or later known, including but not limited to the right to sublicense and assign and commercialize the User Generated Content without any compensation due to you.
You may remove your User Generated Content from the Website at any time. If you choose to remove your User Generated Content, you acknowledge that the Company may nonetheless retain archived copies of your User Generated Content. The Company does not assert any ownership over your User Generated Content; rather, as between the Company and you, subject to the rights granted to the Company in these Terms of Use, including those set forth in the preceding paragraph, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
You agree that you shall immediately notify the Company in writing of any objectionable content appearing on the Website. The Company will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content.
Any use of any content on the Website, including without limitation User Generated Content, will be at your own risk. - OWNERSHIP
- Unless otherwise noted and other than material in the public domain, all content on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of the Company (or its licensors) and is protected by U.S. and/or international copyright laws.
Except as expressly provided in the "Description of Service" section above, your use of and access to the Service and Website does not grant you any license or right to use any of the Company's trademarks, trade names or copyrights. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its trademarks, trade names, and copyrights. - SUBMISSIONS TO COMPANY
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, material, communication, or other information about the Service or the Website ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of Company upon receipt. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For purposes of clarity, the Company shall be free to use such Submissions, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, at any time and for any purpose whatsoever without any obligation to you.
- DMCA TAKE-DOWN PROCEDURE
- The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who have a good faith belief that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the Company's copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. The Company's copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Marshall Eubanks
Address: 7243 Archlaw Drive
Clifton, VA 20124
Telephone: 571.323.5300
Fax: 703-787-8859
Email: info@americafree.tv
The Company suggests that you consult your legal advisor before filing a notice with the copyright agent. You should note that there can be penalties for false claims under the DMCA.
The Company may, in appropriate circumstances and in its sole discretion, limit or terminate the accounts of users who infringe any intellectual property rights of others, whether or not there is repeat infringement, or otherwise prohibit such users from accessing the Service and the Website. - REGISTRATION / ACCOUNT SECURITY / PRIVACY
- Registration may be required for the use of certain portions of the Service and Website, including the posting of User Generated Content. Your registration shall not impose any duty on the Company to provide any particular service to you. As part of the registration process, you may be asked to complete an online registration form and provide personally identifiable information. You may also be asked to choose a user ID and password.
If you choose to register, your username and password will be your identity for purposes of interacting with the Website. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms of Use, your username and password for the Website. You shall immediately notify the Company if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft, or unauthorized use, the Company may impose on you, at the Company's sole discretion, additional security obligations.
If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief the Company. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
If you choose to register, the only personal information we will collect is your name and email address, which will be used for purposes of the Service and Website only. Your information will not be used for marketing or commercial purposes. Your decision to register is voluntary and you will have the opportunity to decide whether or not to disclose information to us.
As applicable, the information you provide to us may be used to: contact you about the Service and Website; contact you relating to your registration status; monitor or improve the use of the Website; customize the content you see; and monitor compliance with our terms and conditions of use of the Service and Website.
You are in control of any personal information you provide to Company on-line. If at any time, you would like to correct the personal information the Company has about you, ask the Company to delete your personal information, ask the Company to stop further use of your information, or if you would like to change your preferences for contacts from the Company, you can let us know by contacting us at help@americafree.tv.
We reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
The Website is a general audience website. The Company does not knowingly collect any personal information from children under the age of thirteen. - LINKS
- We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.
- INDEMNIFICATION
- You agree to indemnify and hold the Company, its representatives, agents, affiliates, and subsidiaries harmless from any claim, demand, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
- DISCLAIMERS
- The Company is not responsible or liable in any manner for any User Generated Content or Submissions posted on the Website or in connection with the Service, whether posted or caused by users of the Website, by the Company, by third parties, or by any of the equipment or programming associated with or utilized in the Website or the Service. Although the Company provides rules for user conduct and postings, it does not control and is not responsible for what users post, transmit or share on the Website and is not responsible for any harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable content you may encounter on the Website or in connection with any User Generated Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Service or Website.
YOUR USE OF THE SERVICE AND THE WEBSITE IS AT YOUR SOLE RISK. THE SERVICE AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE COMPANY DOES NOT WARRANT THAT THE SERVICE AND WEBSITE (AND/OR ITS SERVERS), OR COMMUNICATIONS SENT FROM THE COMPANY OR VIA THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE OR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE, WEBSITE, OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR WEBSITE WILL BE ACCURATE, USEFUL OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE OR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY DEFECTS OR ERRORS OF THE SERVICE OR WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. - LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE COMPANY.
IF DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN ITS LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF U.S. $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. - TERMINATION
- The Company may terminate your registration, delete your profile and any User Generated Content that you have posted on the Website, and/or prohibit you from using or accessing the Service or the Website (or any portion, aspect or feature of the Service or the Website) for any reason, or no reason, at any time in its sole discretion, with or without notice.
- USER DISPUTES
- You are solely responsible for your interactions with other Service and Website users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
- GENERAL
- These Terms of Use constitute the entire agreement between you and the Company and govern your use of the Service and Website, superseding any prior agreements between you and the Company. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Your acceptance of the Terms of Use and use of the Service and Website does not create a joint venture, partnership, employment or agency relationship between you and the Company. You may not assign, delegate or transfer your rights or obligations under the Terms of Use and any such prohibited assignment transfer shall be null and void. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. The Terms of Use and the relationship between you and the Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County, New York. The Company's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Website or the Terms of Use by you against the Company must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that all causes of action arising out of or connected with the Terms of Use shall be resolved individually without resort to any form of class action.
- INTERNATIONAL USE
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.