TVPage Terms of Service
- General; Acceptance. In subscribing to the Video Commerce Cloud, you agree to be bound by these terms and conditions of service (the “Terms of Service”). TVPage products, software, and application are collectively referred to as “Service” in these Terms of Service. You must also abide by the terms and conditions set forth by any and all sources from which you may import, discover and share content when using the Service, including YouTube, Vimeo, Facebook or other sources.
- License and Use of Service. You are hereby granted a license to use the Service in accordance with, and subject to, the terms of the Service herein, during the term of the Master Service Agreement. The Service, including trademarks, service marks and logos (“Marks”), and all software, technology, algorithms, data, and related proprietary rights, pertaining to or in any way derived from, the Service, are all owned by or licensed to TVPage, and/or subject to copyright and other intellectual property rights under law. By using the Service, you are granted a non-exclusive, revocable, and limited license to use the TVPage trademark, logos and related marks (“TVPage Marks”) solely as used within and as part of the Service. If you are contributing content on the Service, you hereby grant a license to TVPage, and any subscriber to your content on the Service, to use, consume, and distribute your content for any purpose, including the commercial purpose of selling, promoting and/or advertising products and services. You affirm that you have the necessary licenses, rights, consents, and permissions to any of the content that you, any of your affiliates and/or ambassadors submit and/or publish to the Service on your behalf (“Content”).
- Warranty Disclaimer. You agree that your use of the Service is at your sole risk. TVPage makes no warranties or representations in connection therewith, and does not endorse any Content submitted to the Service (including but not limited to any opinion, recommendation, or advice expressed therein). TVPage expressly disclaims any and all liability in connection with Content. With the exception of the credits afforded by the Service Level Agreement, in no event shall TVPage, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from your use of the Content and/or Service.
- Implementations and Statements of Work. TVPage may from time to time provide implementation and/or integration services to leverage any part of the Service (“Implementations”) by executing one or more Statements of Work (“SOW”). Such SOW shall set forth price and any specific terms associated with such Implementation. All provisions of these Terms of Service shall apply to such SOWs and Implementations. However, in such case, TVPage shall further warrant that each such Implementation shall operate as intended and in accordance with its respective SOW for a period of one (1) year from said Implementation. In such case, the sole redress under this warranty shall be for TVPage to fix said Implementation, provided you have not tampered with any part of such Implementation and/or associated software code which will invalidate this warranty immediately in all cases. All other terms of these Terms of Service limiting and disclaiming warranties of any kind shall apply in full to said Implementations and SOWs.
- Miscellaneous. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. TVPage reserves the right to charge a service charge on any payments not paid in full by the due date. All late payments will be charged 1.5 percent per month or 18 percent per year. Any claim or dispute between you and TVPage that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Service shall constitute the entire agreement between you and TVPage concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. These Terms of Service can only be amended by a written agreement signed by both parties.
Last Updated: March 4, 2019