TERMS OF USE AGREEMENT
This site is owned and managed by MTS Broadcasting, LC. This site and related services
are for your personal non-commercial
use only and subject to your compliance with this Terms of Use Agreement (the
“Agreement”). Please read this Agreement carefully before using this MTS Broadcasting,
LC Website. Your use of this website constitutes your
acceptance to be bound by this Agreement without limitation, qualification or
change. If at any time you do not accept all the terms and conditions of this
Agreement, you must immediately discontinue use of this MTS Broadcasting website.
This Agreement sets forth MTS Broadcasting, LC's policies with respect to its operation
of the website.
Certain products or services offered by this
MTS Broadcasting, LC website, and certain areas within
this and/or other websites may be governed by additional terms
(“Additional Terms”) presented in conjunction with those products or services.
You must agree to these Additional Terms before using those areas or services. The Additional Terms and this Agreement shall apply
equally. In the event of an irreconcilable inconsistency between the Additional
Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT
USE ANY MTS BROADCASTING, LC WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY
THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY MTS
BROADCASTING, LC WEBSITE MAY BE TERMINATED IMMEDIATELY IN MTS BROADCASTING’S SOLE
DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF
THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO
REASON.
Some parts of this MTS Broadcasting, LC website may contain adult
content intended for people who are at least 18 years old. By viewing this adult
content, you are representing that you are at least 18 years old and that the
content is acceptable to you. Filtering software is commercially available which
can be used to exclude content that is not acceptable to you. This software may
prevent the display of all or portions of the MTS Broadcasting, LC website content.
Changes to this Agreement
This Agreement is effective as of
May 1, 2006. MTS Broadcasting, LCl reserves the right, in its sole discretion, to
modify, alter, or otherwise change this Agreement and/or the Additional Terms at
any time. MTS Broadcasting, LC will provide notice of such change on this MTS
Broadcasting, LC website. Please review this Agreement and/or Additional Terms periodically for
changes. Your continued use of the MTS Broadcasting, LC constitutes your acceptance and agreement to be bound by these
changes without limitation, qualification or change. If at any time you do not
accept these changes, you must immediately discontinue use of this MTS Broadcasting,
LC website to which the changes may
apply.
Privacy and Protection of Personal Information
MTS Broadcasting,
LC has
developed a Privacy Statement in order to inform you of its practices with
respect to the collection, use, and disclosure of personal information. You can
find this Statement by clicking here.
Accounts, Security, Passwords
If a particular MTS Broadcasting,
LC requires you to open an account, you
must complete the specified registration process by providing us with current,
complete, and accurate information as requested by the applicable online
registration form. It is your responsibility to maintain the currency,
completeness, and accuracy of your registration data and any loss caused by your
failure to do so is your responsibility. After you have fully completed the
registration form, you may be asked to choose a password and a user name. It is
entirely your responsibility to maintain the confidentiality of your password
and account. Additionally, you are entirely responsible for any and all
activities that occur under your account. You agree to notify MTS Broadcasting,
LC
immediately of any unauthorized use of your account. MTS Broadcasting, LC is not liable
for any loss that you may incur as a result of someone else using your password
or account, either with or without your knowledge. You may cancel your account
by delivering notice in the manner provided in the Additional Terms governing
the particular MTS Broadcasting, LC.
Fees
Except where otherwise provided, access to and use of this
MTS Broadcasting, LC website offered through
this site are currently available without charge. MTS Broadcasting, LC reserves the
right to charge a fee for access to or use of this MTS Broadcasting, LC website, available on this MTS
Broadcasting, LC website at any
time in the future. Your access to or use of this MTS Broadcasting, LC website before
such time does not entitle you to use of this MTS Broadcasting, LC website without
charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY
ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS MTS BROADCASTING, LC WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING
SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED
WITHIN OR AVAILABLE THROUGH THIS MTS BROADCASTING, LC WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
MTS BROADCASTING, LC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, MTS BROADCASTING, LC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES. MTS BROADCASTING, LC DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS THAT THIS MTS BROADCASTING, LC WEBSITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS
SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. MTS BROADCASTING,
LC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY,
AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL
OF ANY KIND CONTAINED WITHIN THIS MTS BROADCASTING, LC WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS
CONTENT.
MTS BROADCASTING, LC IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This MTS Broadcasting, LC Website may contain links to websites
operated by third parties. MTS Broadcasting, LC does not monitor or control the linked
sites and makes no representations regarding, and is not liable or responsible
for the accuracy, completeness, timeliness, reliability or availability of, any
of the content uploaded, displayed, or distributed, or products, or services
available at these sites. If you choose to access any third party site, you do
so at your own risk. The presence of a link to a third-party site does not
constitute or imply MTS Broadcasting, LC endorsement, sponsorship, or recommendation
of the third party or of the content, products, or services contained on, or
available through, the site.
Third-Party Merchants
This MTS Broadcasting, LC website may enable you to
order and receive products, information and services from businesses that are
not owned or operated by MTS Broadcasting, LC. The purchase, payment, warranty,
guarantee, delivery, maintenance, and all other matters concerning the
merchandise, services or information, opinion or advice ordered or received from
such businesses are solely between you and such businesses. MTS Broadcasting,
LC does
not endorse, warrant, or guarantee such products, information, or services, and
is not liable for the accuracy, completeness, or usefulness of such information
or the quality of availability of such products or services. MTS Broadcasting,
LC will
not be a party to or in any way responsible for monitoring any transaction
between you and third-party providers of such products, services, or
information, or for ensuring the confidentiality of your credit card
information. Any separate charges or obligations you incur in your dealings with
these third parties are your responsibility and are not part of the fee, if any.
Subscription Services
This MTS Broadcasting, LC website may offer certain
MTS Broadcasting, LC Subscription Services such as newsletters (collectively “MTS
Broadcasting, LC Subscription Services”). By registering for a MTS Broadcasting,
LC Subscription
Service, you will be subject to any charges and rules set forth in the
description of that service
Contests/Sweepstakes
For Additional Terms applying to all contests
or sweepstakes conducted by this MTS Broadcasting, LC website, refer to this site's
contest or sweepstakes information.
Limitations on Liability
In no event shall MTS Broadcasting, LC, its
subsidiaries, affiliates, distributors, suppliers, licensors, agents or others
involved in creating, sponsoring, promoting, or otherwise making available the
MTS Broadcasting, LC website and its contents, be liable to any person or entity
whatsoever for any direct, indirect, incidental, special, compensatory,
consequential, or punitive damages or any damages whatsoever, including but not
limited to: (i) loss of goodwill, profits, business interruption, data or other
intangible losses; (ii) your inability to use, unauthorized use of, performance
or non-performance of the MTS Broadcasting, LC website; (iii) unauthorized access to or
tampering with your personal information or transmissions; (iv) the provision or
failure to provide any service; (v) errors or inaccuracies contained on the
MTS Broadcasting, LC website or any information, software, products, services, and
related graphics obtained through the MTS Broadcasting, LC website; (vi) any
transactions entered into through this MTS Broadcasting, LC website; (vii) any property
damage including damage to your computer or computer system caused by viruses or
other harmful components, during or on account of access to or use of this MTS
Broadcasting, LC website or any site to which it provides hyperlinks; or (viii) damages
otherwise arising out of the use of the MTS Broadcasting, LC website. The limitations of liability shall apply regardless of the
form of action, whether based on contract, tort, negligence, strict liability or
otherwise, even if MTS Broadcasting, LC has been advised of the possibility of
damages.
Indemnification
You agree to indemnify, defend, and hold harmless
MTS Broadcasting, LC, its subsidiaries, agents, distributors and affiliates, and their
officers, directors and employees from and against any and all claims, actions,
demands, liabilities, costs and expenses, including, without limitation,
reasonable attorneys’ fees, resulting from your breach of any provision of this
Agreement, the Additional Terms, or any warranty you provide herein, or
otherwise arising in any way out of your use of this MTS Broadcasting, LC website . MTS
Broadcasting, LC
reserves the right to take exclusive control and defense of any such claim
otherwise subject to indemnification by you, in which event you will cooperate
fully with MTS Broadcasting, LC in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this
MTS Broadcasting, LC website by certain persons in certain countries may not be lawful,
and MTS Broadcasting, LC makes no representation that materials on this MTS
Broadcasting, LC website are appropriate or available for use in locations outside the United
States. If you choose to access this MTS Broadcasting, LC website from outside the
United States, you do so at your own risk and initiative, and are responsible
for compliance with any applicable local laws.
The United States controls
the export of any software downloadable from this MTS Broadcasting, LC website. No
software or any other materials associated with this MTS Broadcasting, LC website may
be downloaded or otherwise exported or re-exported to countries or persons
prohibited under export control laws, including but not limited to countries
against which the United States has embargoed goods, or to anyone on the U.S.
Treasury Department list of Specially Designated Nationals and Blocked Persons
or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for
compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of any such materials. By using and/or downloading any such
materials from a MTS Broadcasting, LC website, you represent and warrant that you are
no located in, under the control of, or a national or resident of any such
country to which such import, export, or re-export is prohibited or are not a
person or entity to which such export is prohibited.
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