RETV Media Complex Company Web Site User Agreement This Agreement sets forth the terms and conditions that govern your use of the RETV Show's Web Site and related RETV Media Complex properties. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. RETV MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1. Copyright, Licenses and Idea Submissions. Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are RETV, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to RETV a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RETV by all means and in any media now known or hereafter developed. You also grant to RETV the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RETV for any alleged or actual infringement or misappropriation of any proprietary right in your communications to RETV. If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions on our Copyrights and Copyright Web page. 2. Trademarks. All properties of RETV Media Complex, or its Web sites, seminars, conferences, events, trade shows, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of RETV Show, including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements. Any use of RETV's trademarks is strictly prohibited without the express permission from RETV. Other product and company names mentioned in the Site may be the trademarks of their respective owners. 3. Use of the Site. You understand that, except for information, products or services clearly identified as being supplied by RETV Show, RETV does not operate, control or endorse any information, products or services on the Internet in any way. Except for RETV identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with RETV. You also understand that RETV cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. RETV offers a search feature within the Site. RETV explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. RETV also disclaims any responsibility for the completeness or accuracy of any directory or search result. In connection with your use of the Site, you agree you will not: a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity; b) Impersonate any person or entity, including but not limited to, an RETV official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity; c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); d) Post or transmit any Material that contains a virus or corrupted data; e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; h) Violate any applicable local, state, national or international law; i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; j) Delete or revise any Material posted by any other person or entity; k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any RETV product or service if you are not expressly authorized by such party to do so. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RETV PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RETV SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. RETV HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL RETV BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF RETV OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RETV'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 4. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. 5. Indemnification and Reservation of Rights. You agree to indemnify, defend and hold harmless RETV, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. RETV reserves the right to release current or past member or Web site user information if RETV believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if RETV deems it necessary and/or appropriate. 6. Third Party Rights. The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of RETV and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 7.Term; Termination. Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement. 8. Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 9. Dealings with Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that RETV shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. 10. Links. The Site may provide, or third parties may provide, links to http://www.realestate.tv-show.com site or resources (Send e-mail to: retvshow@myway.com - Subject Line "Link Info" for details). Because RETV has no control over such sites and resources, you acknowledge and agree that RETV 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, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RETV 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, goods or services available on or through any such site or resource. 11. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of TN, United States applicable to agreements made and to be performed in the State of TN, United States. You agree that any legal action or proceeding between RETV and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Davidson, State of Tennessee, United States. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RETV's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. RETV may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of RETV. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. Copyright 2005 RETV Mediaplex Corporation All Rights Reserved. Copyrights and Copyright Agent RETV Show respects the intellectual property of others, and we ask our users to do the same. RETV may, in appropriate circumstances and at its discretion, terminate the accounts or priveleges of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RETV's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the http://www.realestae.tv-show.com site your address, telephone number, and email address; a 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; 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. RETV's Copyright Agent for Notice of claims of copyright infringement on its site is Heather Wilson who can be reached as follows: By mail: TBA By phone: TBA By fax: TBA By email: retvshow@myway.com Copyright 2005 RETV Mediaplex Corporation All Rights Reserved. Corporate Information Permissions Form To request permission to use copyrighted RETV articles, graphics, logsis, multimedia, screen shots, or other content, please complete the form below. Items marked with a '*' are mandatory fields. Top of Form 1 * Name: * Company: * E-mail: * Phone: Fax: * Article or content you wish to use: * URL of requested information: * Distribution of use: * Requested URL where content will reside (if for print publication, type print): * Estimated page views, or distribution: Additional comments: Copyright 2005 RETV Mediaplex Corporation All Rights Reserved. RETV Mediaplex Corporation Privacy Policy We respect and are committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how your personal information is processed and used. We promise that we will take steps to use your personal information only in ways that are compatible with this Privacy Policy. The following policies are only in effect for the Web pages, newsletters, discussion lists and opt-in announcement lists owned and operated by RETV Show, ("RETV"). (The RETV Network includes all Web sites and certain other Internet media properties hyper linked from the RETV Show home page.) The following discloses our Privacy Policy. What information are you collecting and how are you collecting it? Every computer connected to the Internet is given a domain name and a set of numbers, that serve as that computer's "Internet Protocol" IP address. When a visitor requests a page from any Web site within the RETV Network, our Web servers automatically recognize that visitor's domain name and IP address. The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We use this information to examine our traffic in aggregate, and to investigate misuse of the RETV Network, its users, or to cooperate with law enforcement. See also Will you disclose the information you collect to outside third parties? We do not collect and evaluate this information for specific individuals. Our Web servers do not automatically record e-mail addresses of the visitors. What are cookies? From time to time, RETV or its advertisers may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a Web server and stored on your computer's hard drive. A cookie can't read data off of your computer hard disk or read cookie files created by other Web sites. Cookies do not damage your system. We use cookies to identify which areas of RETV's Network you have visited or customized, so the next time you visit, those pages may be readily accessible. Our advertisers may also use cookies to ascertain how many times you've seen an advertisement. Our advertisers and we may use this information to better personalize the content, banners, and promotions that you see on our site. You can choose whether to accept cookies by changing the settings of your Internet browser. You can reset your browser to refuse all cookies, or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our Site and other Web sites may be diminished and some features may not work as intended. How do you use single-pixel gifs? RETV and its advertisers may use single-pixel gif images, sometimes referred to as web bugs or web beacons, to count Web page accesses and gather some general statistical information. RETV does not gather personal information through the use of these images. Our advertisers may use single-pixel gifs that can track personal information from cookies that may have been previously placed on a user's computer by an advertiser. What information do you collect when I register for something? RETV offers access to some services that require registration. We may use your registration contact information to send notification to you of RETV products and services by e-mail and/or postal mail. We also may share that information with our clients. Our clients may send you promotional material that is related to the topic of the service for which you registered. We may also use your IP address internally and share it with third parties. See Will you disclose the information that you collect to outside third parties? What other information do you request? We may also request your e-mail address or mailing address for the purposes of conducting a survey or to provide additional services (for example, subscriptions to e-mail newsletters, announcement lists or information about conferences and trade shows). Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No-Spam" policy that means that we do not sell, rent, or otherwise give your e-mail address to a third-party, without your consent or as permitted by this Privacy Policy. We may from time to time send e-mail announcing new RETV products and services. Except as stated above, RETV will not send you e-mail that you have not agreed to receive. If you choose to supply your postal address in an online form, you may receive postal mailings from other third party companies. When you sign up for an RETV discussion forum, your name or alias is recorded solely for purposes of maintaining your own account within the forums. This information is not used to monitor your activity within a forum, nor is it used to identify you outside the RETV network. When you register for a contest or other promotion, we may ask for your name, address, and e-mail address so we can administer the contest and notify winners. When you use co-branded services, or those provided by a third party, within the RETV Network, your information may be passed to the co-brand or third party provider and their use of your information is subject to their applicable privacy policies. What information do you collect when I purchase something? If you are purchasing something from an RETV media property, we and any third party provider, need to know your name, e-mail address, mailing address, credit card number and expiration date. This allows us, or third party providers, to process and fulfill your order and to notify you of your order status. This information may also be used by us to notify you of related products and services. Credit card and e-mail information will not be shared or sold to third parties for any purpose except as provided in this Privacy Policy without your express permission. Certain RETV media properties use a shopping cart feature that safeguards this information by using industry standard SSL (Secure Socket Layer) encrypted servers. SSL codes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information. Other RETV media properties do not use SSL and thereby do not offer a secure coded way to transfer information. Wherever RETV collects personal information we make an effort to include a link to this Privacy Policy on that page. Will you disclose the information you collect to outside third parties? RETV will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to: 1) Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on RETV, 2) Protect and defend the rights or property of the RETV Network of sites and related properties, or visitors to the RETV Network of sites and related properties, 3) Identify persons who may be violating the law, the RETV legal notice and Web site User Agreement, the rights of third parties, or otherwise misusing the RETV Network or its related properties, 4) Fulfill a user's order or request. RETV uses reasonable precautions to keep the information disclosed to us secure. RETV reserves the right to transfer all such information in connection with the sale of all or part of RETV's capital stock or assets. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information. We are not responsible for such third party privacy policies or how they treat information about their users See below, What else should I know about my privacy when online? See What information do you collect when I register for something. Opt-in announcement List Privacy Policy What else should I know about my privacy when online? The RETV Network contains many hyperlinks to third party Web sites. The RETV Network also contains advertisements of third parties. RETV is not responsible for the privacy practices or the content of such third party Web sites or advertisers. RETV does not share any of the individual personal information you provide RETV with the third parties to which RETV links, except as stated elsewhere within this Privacy Policy, although RETV may share general, aggregate data with such third parties (such as how many people use our site). Please check with those Web sites to determine their privacy policy. Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online. Your Consent To This Agreement By using the RETV Network, you consent to the collection and use of information by RETV as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Please send any questions about RETV's Privacy Policy to: retvshow@myway.com?SUBJECT=Privacy Policy |
Copyright (c) 2005, U.S.A. All rights reserved, RETV Mediaplex Company. (RETV Show) |
