UPDATED: January 12, 2012
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Services;
Change, suspend, or discontinue all or any part of our Services;
Refuse, move, or remove any material that you submit to our sites for any reason;
Refuse, move, or remove any content that is available on our sites;
Deactivate or delete your accounts and all related information and files in your account;
Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice page.
All content is copyright to the author or creator of the content and may not be re-used or re-distributed without the express written consent of VBC Media Entertainment or the author of the content.
Containing to Scripted (Virtual) Series only; VBCtv is a Web Entertainment based website that means no copyright infringement upon any actors or actress, producers, writers that are mentioned on the site. They are purely used for fantasy and/or imaginate purposes. VBCtv is a subsidiary of VBC Media Entertainment which helps produce the shows you see on the network.
The VBCtv Service comprises (i) the VBCtv website, currently located at www.VBCtv.com (and/or any successor or additional website(s) owned or operated by or for VBC Media Entertainment) ; (ii) the VBCtv syndication network (which includes third party websites) ; (iii) the servers operated by or on behalf of VBCtv; and/or (iv) any other technology and/or services that VBCtv provides its users. The VBCtv Service enables you to make content available to other users of the VBCtv Service and to access content made available by other users of the VBCtv Service. As defined herein, “User Material” refers to all comments and other communications posted or published by you or other users on the VBCtv Service, including in any bulletin board, chat, discussion group, feedback area, news group or email,.” As defined herein, “Video Material” refers to the video you upload to the VBCtv Services. As defined herein, “Publisher Material” refers to any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to the VBCtv Service, including complying with these TOU.
Except as processed herein you retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the VBCtv Service. In connection with User Material that you make available on the VBCtv Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize VBCtv to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the VBCtv Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to VBCtv, you hereby grant (or warrant that the owner of such rights has expressly granted) VBCtv a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the VBCtv Service and VBC Media Entertainment (and its successors) business, including without limitation for promoting and redistributing part or all of the VBCtv Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the VBCtv Service a non-exclusive license to access your User Material through the VBCtv Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the VBCtv Service and under these TOU.
The VBCtv Service includes an episode player that uses third-party API's the air shows/episodes to VBCtv. The VBCtv Service uses third-party API's through (Youtube, Vimeo, & Blip.tv) . VBCtv also may air up to one ad before the programming which will not interfere with any ads that you may have set-up with your third-party video supplier. The VBCtv service is royalty free and therefore it is encouraged upon to set up your own revenue generating ads through your third-party video supplier if you want to generate revenue from your show/episodes/series. VBCtv does allow an opt out to the Episode Player only from the blip.tv third-party video service (API blocks ads) and will use an embedded player from the blip.tv service. However this opt out must be written and is only valid upon no other third-party video solutions due to the following reasons; (length, content, copyrights, etc.) . The VBCtv Service through the episode player does allow for ad content but must be limited. The limited ad content does include the one VBCtv ad. The limited ads allow for; (One) VBCtv ad before content/programming, plus and/or (One) Third-party ad before content/programming, plus and/or (One) pop-up third-party ad during content/programming in the lower bottom area of video (not covering any VBCtv logos or properties) . The VBCtv Service reserves the right any of the afore-mentioned with a 15 day written notice to all show creators.
This section only applies to VBCtv Scripted (Virtual) Series and/or Prose series that are contained on the website within the Web Entertainment label of VBCtv.
The VBCtv Service also uses scripted (virtual) series/prose series to adhere to the Web Entertainment label that VBCtv uses. These virtual/prose series use real actors/actresses to portray the characters written by the show creators/writers. The Scripted (Virtual) Series (only) contains no ads and is not for profit.
A Virtual Series/Prose series applies to a written/scripted work and/or series that is not filmed and uses real life actors/actresses to portray the characters to help the reader see or imagine the work in which the they are reading.
VBCtv is a Web Entertainment based website that means no copyright infringement upon any actors or actress, producers, writers that are mentioned on the site. They are purely used for fantasy and/or imaginative purposes. VBCtv is a subsidiary of VBC Media Entertainment which helps produce the shows you see on the network.
NO COPYRIGHT INFRINGEMENT IS INTENDED, PICTURES AND OTHERS MENTIONS OF PEOPLE ON THE SITE ARE PURELY FOR ENTERTAINMENT PURPOSES AND ARE NOT INTENDED TO BE USED FOR MONEY-MAKING OR ANY PROFIT WITHIN THE SCRIPTED (VIRTUAL) SERIES SECTIONS ONLY.
If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our sites and the Services is the property of VBC Networks Entertainment, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
Restrict or inhibit any other user from using and enjoying any public area within our sites;
Collect or store personal information about other end users;
Interfere with or disrupt our sites, servers, or networks;
Impersonate any person or entity, including, but not limited to, a VBC Media Entertainment representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by VBC Media Entertainment for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our sites.
Requests to remove certain content from our sites
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.
We disclaim any responsibility for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.