“www.My18.tv” is an interactive on-line service operated by Spartan-TV, LLC and WHTV on the World Wide Web of the Internet, and or e-mail, and or through other wireless technology including but not limited to e-mail, PDA’s, and cell phones, to which consists of information, services and content provided by Spartan-TV, LLC, WHTV and other affiliates of Spartan-TV, LLC and other third parties including information providers and content providers. “Browser” means each person who establishes or accesses a connection to access and/or uses www.My18.tv through the World Wide Web of the Internet, and or e-mail, and or through other wireless technology including but not limited to e-mail, PDA’s, and cell phones.
2. USE OF WWW.MY18.TV.
Browser agrees to comply with all of the terms and conditions hereof. The right to use www.My18.tv is personal to Browser and is not transferable to any other person or entity. Browser assumes total responsibility and risk for use of www.My18.tv and the Internet.
3. DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY.
A. BROWSER EXPRESSLY AGREES THAT USE OF WWW.MY18.TV IS AT BROWSERS SOLE RISK. IT IS THE SOLE RESPONSIBILITY OF BROWSER TO EVALUATE THE ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, CONTENT, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH WWW.MY18.TV OR ON THE INTERNET.
B. SPARTAN-TV, LLC, WHTV AND OTHER AFFILIATES OF SPARTAN-TV, LLC, THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY INFORMATION AND CONTENT PROVIDERS OR LICENSORS ( HEREINAFTER ALTOGETHER REFERRED TO AS “PROVIDERS”) DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE SOFTWARE OR WWW.MY18.TV WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN WWW.MY18.TV OR THE SOFTWARE WILL BE CORRECTED; NOR DO `PROVIDERS GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH WWW.MY18.TV WILL BE FREE OF COMPUTER VIRUSES OR OTHER CODES THAT MANIFEST DESTRUCTIVE PROPERTIES; NOR DOES WWW.MY18.TV OR PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WWW.MY18.TV, OR TO THE ACCURACY, TIMELINESS, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.MY18.TV.
C. WWW.MY18.TV AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, WHICH LAWS SHALL THAN BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
D. WWW.MY18.TV AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.MY18.TV, THE SOFTWARE, OR ANY SERVICES, INFORMATION OR CONTENT PROVIDED OR DOWNLOADED FROM WWW.MY18.TV; OR FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN MATERIALS, INFORMATION OR CONTENT OF WWW.MY18.TV , OR MATERIALS, INFORMATION OR CONTENT DOWNLOADED FROM WWW.MY18.TV. IN STATES THAT DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF WWW.MY18.TV AND PROVIDERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
E. BROWSER SPECIFICALLY ACKNOWLEDGES THAT WWW.MY18.TV AND PROVIDERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER BROWSERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH BROWSER. BROWSER ACCESSES ANY SUCH INFORMATION ON THE INTERNET AT BROWSERS OWN RISK.
4. BROWSER CONDUCT.
Browser agrees to use www.My18.tv for lawful purposes only. Browser shall not post or transmit through www.My18.tv any material which violates or infringes in any way upon the rights of others (including but not limited to copyrights and trademarks), which is unlawful, threatening, defamatory, or obscene. Browser agrees not to post or transmit through www.My18.tv any advertising or solicitation with respect to products or services, without the prior written consent of www.My18.tv and Providers. Browser understands that www.My18.tv contains copyrighted material, trademarks and other proprietary information which Browser may not modify, publish or in any way exploit in whole or in part. Browser may download copyrighted material for Browser’s own personal use only. Browser acknowledges that it does not acquire any ownership rights by downloading any information or material. Browser agrees to abide by all copyright laws of the United States of America and each and every applicable State law. Browser agrees not to post or upload material on www.My18.tv that is protected by a copyright or trademark without the prior written consent of the owner of the copyright or trademark; the burden of proof in determining that any material is not protected by copyright rests with Browser. Browser is solely liable for any damage resulting from any copyright infringement occurring by Browsers action or inaction.
5. BROWSER INFORMATION.
www.My18.tv and Providers will not intentionally disclose the content of any private electronic communication or any other individually identifiable information concerning Browser to any third party unless permitted or required by law or authorized by Browser. Subject to the forgoing, www.My18.tv and Providers may monitor, record, collect and use for any lawful purpose information generated through Browsers use of www.My18.tv. Browser authorizes www.My18.tv and Providers to include Browsers name, Internet, electronic mail, street address, and telephone information, used in conjunction with www.My18.tv or otherwise, in material provided or sold to other third parties. Browser grants www.My18.tv and Providers the perpetual, irrevocable, royalty-free right to edit, copy, publish, license to use, reproduce, modify and distribute any material (in whole or in part) made available on www.My18.tv by Browser and/or to incorporate it in other works in any form, media or technology now present or developed in the future, for the full term of any copyright which may exist in such material. Browser understands that other Browsers may access information generated through www.My18.tv and download such information for their personal use. www.My18.tv and Providers shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.My18.tv.
www.My18.tv is a distributor (not publisher) of content supplied by Providers and Browsers. Thus, www.My18.tv has no more editorial control over such content than does a public library or bookstore. Any opinions or advice, etc. expressed or made available by third parties or Browsers, are those of the respective author(s) or distributor(s) and not of www.My18.tv or Providers. www.My18.tv and Providers do not guaranty the accuracy, the completeness or usefulness of any information or content (see paragraph 3 of this Agreement) made available on or through www.My18.tv. In many instances, the content and information available on or through www.My18.tv represents opinions and judgments of the respective information and/or content provider or Browser. www.My18.tv and Providers neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or statement made on or through www.My18.tv. www.My18.tv is not responsible for any loss or damage caused by Browsers reliance on information or content obtained on or through www.My18.tv. It is the responsibility of Browser to evaluate the accuracy, completeness or usefulness of any information or content made available on or through www.My18.tv.
7. RIGHT TO CHANGE TERMS.
www.My18.tv and Providers shall have the right at any time, effective immediately upon notice to Browser, to change or discontinue any aspect or feature of www.My18.tv, including but not limited to, content, hours of availability, and equipment needed for access or use. www.My18.tv and Providers shall have the right at any time, effective immediately upon notice to Browser, to impose new conditions, including but not limited to, adding fees and charges for use. Notice to Browser may be given by any means in which it is likely or reasonable to assume Browser shall obtain such notice. Any use of www.My18.tv after such notice and change shall be deemed to constitute acceptance by Browser.
Browser agrees to indemnify, defend and hold harmless www.My18.tv, Providers and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys fees, arising out of the use of www.My18.tv or violation of this Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes any previous agreements. This Agreement shall be construed in accordance with the laws of the State of Michigan, without regard to conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Section headings herein have no independent meaning but are used for convenience only.