Outside Television is committed to protecting the privacy of outsidetelevision.com users and customers. This policy details the information we gather, how we use it, and how we protect your privacy.
USER REGISTRATION AND DATA CAPTURE
Outside Television gathers information about customers in a variety of ways. Outside Television uses the information it gathers for internal marketing purposes and shares this data with no one other than its partners. Your contact information will not be sold to list vendors by Outside Television. Below, we have listed the information gathered and how it is used.
• Newsletter Registration: When you choose to receive Outside Television newsletters you must register; creating and providing a username, password, first and last name, and e-mail address. If you do not wish to receive Outside Television newsletters, you can unsubscribe yourself at any time (for more details please see the Opt-Out section below). Outside Television uses customer e-mail addresses to send registrants information about our company and promotional materials from our partners. We also use your e-mail address to contact you if necessary.
• Community Registration: When you register to be a part of the Outside Television community, you must provide a username, password, city you were born in (for security purposes), first and last name, e-mail address, and zip code. We use the information collected during community registration for a number of reasons including identifying customers, sending customers information about our company and promotional materials from partners, contacting users for customer care follow-up, tracking user traffic patterns to improve the site, and customizing site content to better serve users. As a member of the Outside Television community you will receive occasional communications from us to update you about our company and promotions. If you do not wish to receive communications from us, you can always Opt-Out. Please see the Opt-Out section below for more details.
• Contest Registration: When you enter a contest sponsored by Outside Television or our partners you must provide a username, first and last name and e-mail address. We use the information collected at contest registration for a number of reasons including identifying users and customers, sending customers information about our company and promotional materials from partners, contacting users for customer care follow-up, tracking user traffic patterns to improve the site, and customizing site content to better serve users. As a result of entering Outside Television contests you will receive occasional communications from us to update you about our company and promotions. You may also receive information from our contest partners if you have opted to receive such information during the registration or contest entry process. If you do not wish to receive communications from us, you can always Opt-Out. Please see the Opt-Out section below for more details.
• Member Profile: Members can update the registration information they provide Outside Television and specify many community related preferences (e.g., on screen name, format of forums, etc) by accessing their member profile. Members can also decide what types of information about themselves they will make public to the Outside Television community. The information stored in the member profile is primarily used to better serve Outside Television customers in the delivery and creation of site content and functionality.
• Outside Television Surveys: From time to time Outside Television will administer an online survey to users of the site. These surveys are always optional and help Outside Television better serve the online community by seeking user opinions. The information gathered is usually aggregated and used to improve the site, develop site content, test new site functionality, and study user demographics. Information that you provide will be associated with your user profile unless the survey states otherwise (e.g., it is an anonymous survey).
OUTSIDE TELEVISION PARTNERS
This site contains links to other Web sites. Outside Television is not responsible for the content or the privacy practices of these sites.
outsidetelevision.com has special relationships with resorts, travel providers, and other business partners that sometimes capture user registration. By volunteering this information, you are agreeing to allow Outside Television to release information about you to its partners. You are also responsible for educating yourself about the privacy policies of Outside Television's partners. Sometimes Outside Television's partners send promotional materials to users. Users may Opt-Out of such mailings by following the Opt-Out procedures provided by Outside Television's partners. Outside Television also shares aggregate user information with its resort partners.
THE OPT-OUT POLICY AND PROCEDURE
OutsideTelevision.com provides users the opportunity to Opt-Out of receiving information from Outside Television and its partners. There are three ways to Opt-Out of receiving e-mail from Outside Television:
1. At the end of each newsletter is the option to “Opt-Out”. Clicking on this link will unsubscribe you from the newsletter database.
2. If you are a registered user, go to your Member Profile page and edit your options.
3. Send an e-mail to firstname.lastname@example.org and ask to be removed from our distribution list(s).
A NOTE ABOUT ADVERTISING
Outside Television may use third-party advertising companies to serve ads on outsidetelevision.com. These third-party advertising companies employ cookie technology to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visit to our family of web sites. This information can include date and time of banner ad shown, the banner ad that was shown, cookie information, and IP address. To prevent third-party advertisers from setting and/or reading cookie information on your computer you may visit the Network Advertising Initiative (NAI) opt-out site at http://www.networkadvertising.org/optout_nonppii.asp. Additionally, the NAI site allows you to review third-party advertising companies' privacy policies.
UPDATING YOUR ACCOUNT
You can update your account anytime by going to the your Member Profile page and editing your information. If you encounter any difficulty you can e-mail your question to email@example.com
If you have any questions about this privacy statement, the practices of this site, or your online experience with us, you can contact:
SVP of Programming & Production
3. YOUR USE OF THE WEBSITE - PERMISSION AND RESTRICTIONS
Outside Television hereby grants you permission to access and use the Website as set forth in these Terms of Service, under the following conditions:
A. You agree to use the site for lawful purposes only. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
B. Except as otherwise expressly permitted under copyright law, you agree not to engage in any copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Outside Television and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
C. You agree not to alter or modify any part of the Website.
D. You agree not to access User Submissions (defined below) or Outside Television website content through any technology or means other than the video playback pages of the Website itself, the Outside Television Media Player, or other explicitly authorized means Outside Television may designate.
E. You agree not to use the Website, including the Outside Television Media Player for any commercial use, without the prior written authorization of Outside Television. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Outside Television’s express approval:
• post or transmission through the site of any material which contains advertising or any solicitation with respect to products or services;
• advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site;
• sale of access to the Website or its related services such as Outside Television Media Player on another website;
• use of the Website or its related services such as Outside Television Media Player, for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or content on the Website; and
• any use of the Website or its related services such as Outside Television Media Player that Outside Television finds, in its sole discretion, to be a use of Outside Television's resources or User Submissions with the effect of competing with or displacing the market for Outside Television, Outside Television content, or its User Submissions.
F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Outside Television servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website. Notwithstanding the foregoing, Outside Television grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Outside Television reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. Any conduct by you that in Outside Television's discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
H. You agree not to upload, post or otherwise make available on the site any material protected by copyright, trademark or other third party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
I. You also agree not to impersonate any other person while using the Website or conduct yourself in a vulgar or offensive manner while using our service. You agree that Outside Television may reject any User Submissions for any reason, including, but not limited to, vulgarity, nudity, other offensive content, which determination shall be at Outside Television's sole discretion, or content protected by third party proprietary rights, including but not limited to copyright, trademark or publicity rights.
J. You agree that Outside Television, should it accept a User Submission, may include that User Submission in the Website for as long or as short a period of time as Outside Television, at its sole discretion, chooses. Furthermore, you agree that Outside Television may edit User Reviews and other written user comments, and may edit title, description or tag words for User Videos.
K. You agree that Outside Television shall have the right, but not the obligation, to monitor the content of the site, including chat rooms and forums and to remove any material that Outside Television, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable.
L. Outside Television reserves the right to discontinue any aspect of the Website at any time.
4. YOUR USE OF WEBSITE CONTENT
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Outside Television, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Outside Television reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Website; and for Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Outside Television Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.
D. You may access Outside Television Content, User Submissions and other content only as permitted under this Agreement. Outside Television reserves all rights not expressly granted in and to the Outside Television Content and the Outside Television Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that Outside Television is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions 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 Outside Television with respect thereto, and agree to indemnify and hold Outside Television, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
As an Outside Television account holder you may submit video content ("User Videos") and reviews of Resorts, Gear and User Generated Content ("User Reviews"). User Videos and User Reviews are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Outside Television does not guarantee any confidentiality with respect to any User Submissions.
Outside Television does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Outside Television expressly disclaims any and all liability in connection with User Submissions. Outside Television does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Outside Television will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. Outside Television reserves the right to remove User Submissions without prior notice.
By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted, Outside Television the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other users of the site to access, view, store or reproduce the material for their personal use. You grant Outside Television the right to edit, copy, display, publish and distribute any material made available on the site by you.
Outside Television is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to Outside Television including, without limitation, responses to questionnaires or through postings to the Outside Television website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Outside Television website or other websites. Furthermore, by posting on the Website or submitting to Outside Television any User Submission or other communication, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the User Submission or other communication submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Outside Television does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Outside Television. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Outside Television and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
We reserve the right to reject, remove or edit User Submissions at anytime without notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks; misleading information regarding the origin of the content; or a discussion of Outside Television policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
6. OUTSIDE TELEVISION ACCOUNTS
7. INTELLECTUAL PROPERTY
Outside Television and each of its logos are trademarks or service marks of Outside Television. All rights thereto are reserved. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Outside Television. The trademarks, service marks and trade dress of Outside Television may not be used or reproduced without prior written approval from Outside Television and may not be used in connection with any product or service that is not affiliated with Outside Television, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Outside Television, or in any manner that disparages or discredits Outside Television. Other trademarks that appear on the Outside Television website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Outside Television. Any images of persons or personalities contained on the Outside Television website are not an indication or endorsement of Outside Television or any particular product or our service unless otherwise indicated.
8. ELECTRONIC COMMUNICATIONS
By establishing an account with the Website, you consent to receiving electronic communications from Outside Television. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with Outside Television and you receive them as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
9. RIGHT TO TERMINATE
10. DIGITAL MILLENNIUM COPYRIGHT ACT
It is Outside Television's policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Outside Television's designated Copyright Agent to receive notifications of claimed infringement is: Holly Howard, fax: 207-756-8982. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Outside Television customer service through http://Outside Television1.idx.net/contact/list (Contact list). You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Website or disabled after Outside Television received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Outside Television a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
• If a counter-notice is received by the Copyright Agent, Outside Television may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, and provides Outside Television with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Outside Television's sole discretion.
11. GOVERNING LAW
12. DISCLAIMER OF OPINION
The Website allows you and other parties to post reviews or comments concerning Resorts, Gear and User Generated Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of Outside Television, or its shareholders, directors, officers, or employees. Under no circumstances shall Outside Television, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
13. DISCLAIMER OF WARRANTY
Every effort has been made to ensure the accuracy of information presented on outsidetelevision.com, but the accuracy of this information cannot be guaranteed. It is advisable to check all information with resort before booking and/or taking your trip.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Outside Television, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NEITHER Outside Television, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE Outside Television ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Outside Television WEBSITE. Outside Television DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Outside Television WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Outside Television WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL Outside Television, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS PROVIDED THEREIN, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF THE SITE OR AFFILIATED SITES, ERRORS IN THE CONTENT, DATA LOSS OR CORRUPTION, OR SOFTWARE OR HARDWARE DAMAGE, REGARDLESS OF THE BASIS OF SUCH LIABILITY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, BUG, TROJAN HORSE, ROBOT, SPIDER OR THE LIKE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Outside Television IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS WEBSITE IS CONTROLLED AND OFFERED BY Outside Television FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND Outside Television MAKES NO REPRESENTATIONS THAT THE Outside Television WEBSITE IS APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE Outside Television WEBSITE FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IN THE EVENT THAT THE ABOVE LIMITATIONS OR EXCLUSIONS ARE FOUND INAPPLICABLE TO YOU, IN NO EVENT SHALL Outside Television'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
16. THIRD PARTY CONTENT AND LINKS
Outside Television is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, Outside Television has no more editorial control over User Videos than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Outside
Television. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Outside Television neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Outside Television employee spokespersons while acting in their official capacities.
17. EXPORT CONTROL
Software and other materials from this site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported (1) into (or to a national or resident of) any country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Outside Television does not authorize the downloading or exportation of any software or technical data from this site to any
jurisdiction prohibited by the United States Export Laws.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Outside Television by your use of the site.
19. CHANGED TERMS
Outside Television has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Outside Television without restriction.