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TweakTV.com User Agreement Print E-mail
Written by TweakTV   
Tuesday, 19 February 2008

 

Updated February 19, 2008
Welcome to TweakTV! We are glad that you have chosen to join our community and we look forward to your involvement with our site. Please take a moment to review this User Agreement (from this point forward referred to as the "Agreement"). The Agreement is an agreement between you, the user, and K2 Publishing LLC.. It is important that you read the Agreement so that you know what benefits we provide as well as our limitations.
1. Acceptance of Agreement.
By using this site, whether reading the discussion boards or using the links, or when you finish our registration process, you have acknowledged that you agree to this Agreement. This Agreement may be updated from time to time and we will notify you of any significant changes. Your continued use of our services signifies your acceptance of the changes. This Agreement will always be available to our users on this page for you to read. You can find a link to this page on the bottom of all pages within TweakTV.com.
If you choose to partake in a third-party services that may appear on this board from time to time, you will be subject to the terms posted by these third-parties. Opting into these third-party offers signifies your agreement to abide by these additional terms.
2. Usage by Children (Ages 13 or younger).
TweakTV.com is not directed towards children under the age of 13 years old. TweakTV will not knowingly collect personally identifiable information from anyone under 13 years old. In order for a person of age 13 or younger to be able to use our site, the parents will be required to send in a COPPA ("Children's Online Privacy Protection Act of 1998") form that will be presented at registration and submit it to our staff members.
As a parent, if you have any concerns regarding this, please feel free to contact us This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
3. About our Services.
A). K2 Publishing LLC. Services. We currently provide you with access to a collection of online resources. These include various online forums, communication tools, and personalized content through TweakTV's web site-based "Service". Currently these offerings are provided free of charge. It is possible in the future that this could change.
B). Service Limitations. We will do our best to make your visit with K2 Publishing LLC. a pleasurable and trouble free experience. However, we cannot always foresee technical difficulties that may arise. These difficulties may result in a loss of data, personalized settings, or other service disruptions. For this reason, you agree that TweakTV's services, including the services of any of our third-party service partners, as provided "AS IS." K2 Publishing LLC. and any of our third-party partners cannot assume any responsibility or liability for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalized settings.
C). Changes and Discontinuation of Service. K2 Publishing LLC. reserves the right to change or discontinue, temporarily or permanently, the Service at any time without prior notice. You agree that TweakTV will not be liable to You or any third party for any change or discontinuance of the Service.
D). Privacy Policy. Your privacy at TweakTV is very important to us. With this in mind, we have developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.
4. "Rules of Use"
For the benefit of our users and to comply with applicable laws, we have a some mandatory guidelines that are required by all members to follow. We can change these rules, the "Rules of Use". Any conduct that violates the Rules of Use is grounds for the immediate termination of your account. With this in mind we ask that you carefully read and follow these reasonable rules.
A). Obey the Law. You agree not to use this Service for any illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
B). Provide Accurate Member Information. You agree to provide true, accurate, current and complete information about yourself as requested in the TweakTV.com registration form. By providing accurate information you allow us to create better content and the ability to provide us the ability to create new services and offerings that will best suit your needs. If your registration information changes while being a member with us, it is your responsibility to update that information so that it is current and accurate.
C). Securing your Registration Information. Upon completion of the member registration you will have a username and password. It is your responsibility to main the confidentiality of such username and password. All activities, including all activities that may violate our user agreement, that are done using your username and password are your responsibility. We also recommend that you do not use an "Consolidated Site Services", which are services that allow you to use the same password for multiple web sites and give you the ability to seamlessly log in to any sites you have set up with them. Any activities that are performed with your account when using these services will still be your responsibility. If there is any breach of security and you find that you have had unauthorized activity with your account, please notify the TweakTV staff immediately.
D). Use of Private Messaging. TweakTV.com offers all of our registers users the ability to send private messages to other users of this web site. In return for the use of this service, you agree to not use this service to broadcast "spam", "junk mail", "chain letters", "advertisements", or other unsolicited mass distribution of files or images. In order to ensure that this service is not abused, K2 Publishing LLC. has the right to establish general practice and limits as to their use and content. These may include but are not necessarily limited to having a limit on the amount of messages you may send, the amount of storage your messages may use, the time that these messages will be held on our system, the viewing of the contents of these messages, and the maximum size or length of these messages. If you receive any email that you find violates these guidelines please use our online form to contact a staff member in regards to this violation. Please include detailed information regarding the nature of the message.
E). Content Restrictions. K2 Publishing LLC. strives to provide only the best content available on the web and make it available to you via the for your own persona, non-commercial use. All the designs, text, content, graphics, images, and layout thereof, and all software that is part of TweakTV.com are protected by International Copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on TweakTV.com is strictly prohibited without the prior written permission of K2 Publishing LLC.. Content that is publicly available on TweakTV.com may not be stored in a computer, except for personal and non-commercial use.
F). Uses of User Information Policy You agree not to data scan, copy, aggregate, redistribute, alter, reproduce or re-use for any purposes any user information accessible through TweakTV.com.. This includes but is not limited to selling information to third parties; using the collected data to customize users experiences on a site outside of TweakTV.com; using the information for targeted marketing; or using this data to offer other servers not affiliated with TweakTV.com. K2 Publishing LLC. reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
5. Content Submitted to or Made Available to TweakTV for Inclusion on The Service

K2 Publishing LLC. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant TweakTV the following world-wide, royalty free and non-exclusive license(s), as applicable:
  • With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as K2 Publishing LLC. does not remove such Content from the Service.
  • With respect to Content you submit or make available for inclusion on publicly accessible areas of TweakTV.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting TweakTV in which such Content was submitted or made available. This license exists only for as long as K2 Publishing LLC. does not remove such Content from the Service.
  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the TweakTV network that are intended by TweakTV to be available to the general public. By way of example, publicly accessible areas of the Service would include TweakTV Message Forums, Tutorial Comments, Resource comments, Member Blogs, Arcade comments, and any other information that is publicly accessible. However, publicly accessible areas of the Service would not include portions of TweakTV that are limited and private to members, TweakTV services intended for private communication such as TweakTV Personal Messaging, E-mails you create through the Service, account information, portions of your profile, or areas off of the TweakTV network such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by TweakTV.

TweakTV has the right to retain and publicly display all submitted content on this site for an indefinite period of time. If you choose to no longer be part of the Service, TweakTV is entitled to continue displaying any submitted content.
6. Rights You Grant to TweakTV.com
A). K2 Publishing LLC. Advertising. In order to continue using our service, you agree that TweakTV has the right to display advertisements and promotions of any kind in and with the services that we offer you.
B). Access to Member Account. In order to provide the high-quality services that you expect from us, you agree to allow the TweakTV.com staff access to your account and records stored at TweakTV.com as reasonably needed to investigate any complaints that may arise.
C). Merger or Acquisition. In the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual web site owned by TweakTV.com, K2 Publishing LLC. may transfer your personal account information to a third party as a part of such merger, acquisition, reorganization, or sale.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A). YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TWEAKTV.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B). TWEAKTV.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN ANY SOFTWARE PROVIDED WITH THE SERVICE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
C). ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
D). NO ADVICE, INFORMATION, OR INSTRUCTIONS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWEAKTV.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. IF A PROBLEM OCCURS DUE TO ANY SUCH ADVICE, INFORMATION, OR INSTRUCTIONS YOU LOSE THE RIGHT TO HOLD TWEAKTV.COM OR ITS MEMBERS LIABLE. IF YOU CAN NOT AGREE TO THIS RULE, THEN YOU MAY NOT USE THIS SERVICE.
E). THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY TWEAKTV.COM OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT.
F). TWEAKTV.COM MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES. BECAUSE TWEAKTV HAS NOT CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT TWEAKTV IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOUR FURTHER ACKNOWLDGE, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
G.) TO THE EXTENT THAT ANY OF THIS SECTION IS NOT CONSISTEN WITH ANY OTHER PART OF THIS AGREEMENT, THEN THIS DISCLAIMER OF WARRANTIES WILL OVERRIDE IT.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWEAKTV.COM SHALL NOT BE LIABLE FOR ANY DIRECT, 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 TWEAKTV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS MAY NOT APPLY TO YOU.
10. Further Legal Issues
A). No Endorsement of Member Content. You acknowledge and agree that K2 Publishing LLC. does not endorse the content of any member and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that K2 Publishing LLC. does not pre-screen all content, but that K2 Publishing LLC. and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.
B). Indemnification. You agree to protect and fully compensate K2 Publishing LLC. and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
C). Further Information. TweakTV.com provides information of a general technical nature and is designed for information and entertainment purposes only. The information found on TweakTV.com is not meant to be a substitute for any legal, financial, medical, or health advice. Please consult with a professional for this type of information. K2 Publishing LLC. does not endorse any treatments, medications, or products that may be discussed herein.
K2 Publishing LLC.'s rights under this Agreement may not be waived unless K2 Publishing LLC. agrees to such change in writing. This Agreement is personal to you and you may not assign this agreement to another individual. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of New York, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and TweakTV.com about the services.
11. Guidelines for Press, Magazines and General Media.
If you have a magazine, newspaper, or online information system and want to publish something about TweakTV, its material or provide links, please follow the following guidelines:
  • Always refer to TweakTV as TweakTV
  • Please let me know when you write an article.
  • If the article is published in paper, please contact me to send at least one copy for my records to the address below.
  • Announce your article on this site in the Comments forum.
These guidelines are not strict but are preferred.
12. The parties have agreed that this Agreement shall be written in English.
Direct Questions or Notices to TweakTV as follows:
Address:
K2 Publishing LLC.
PO BOX 23
Rye, New York 10580
Last Updated ( Friday, 29 February 2008 )
 
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