havocTV > DirecTV 101

TERMS OF USE

INTRODUCTION

Welcome to the "Havoc on The 101" Text Service (the "Service"). HavocTV, Inc. and all of its divisions, affiliates and subsidiaries may be referred to herein as "Havoc," "we," "us," or "our". We distribute content through third party distributors, including without limitation DIRECTV, Inc. (collectively, "Distributors"). The Distributors are third party beneficiaries of this Agreement

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE. THIS IS AN AGREEMENT AND A BINDING CONTRACT. By using this Service or registering for this Service, you signify your agreement to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use this Service or register for this Service. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time. Please check these terms and conditions of use periodically for changes. Your continued use of this Service following the posting of changes to these terms and conditions of use constitutes your acceptance of those changes.

DESCRIPTION OF SERVICE

"Havoc on The 101" provides users the opportunity to send text messages as a part of the Service. Users will have the opportunity to vote and send text messages to the Service. Havoc will charge users $0.99 per message and $0.49 for each vote, plus other charges from your mobile communications carrier may apply. For further information and instructions on voting and use of the text message service, please go to the Havoc text message link located at http://www.havoctv.com/101.

You acknowledge and agree that text messages and communications by users may not be monitored or screened, and such messages are not sanctioned or endorsed by us or the Distributors, and such communications shall not be considered reviewed, screened, or approved by us or the Distributors. However, we reserve the right, but not the obligation, to monitor the content of all messages, and to remove, refuse to post or edit any material or content which we, in our sole discretion determine to be in violation of the provisions hereof or otherwise objectionable.

We reserve the right to choose, at our sole discretion, which messages shall be included in the Service. Use of this Service does not guarantee that a user's message will be included as part of the Service. Users agree that all messages, communications and any other content provided by the user, ("Submissions"), become the exclusive property of Havoc, without compensation to you, and may be used, edited, adapted, copied, transmitted, translated, distributed, licensed, sublicensed, publicly performed, published, displayed or deleted by Havoc and its Distributors, as Havoc in its sole discretion deems fit. If it is ever deemed that Havoc is not the owner of any Submission, it is agreed that users, by posting or submitting any Submissions to us or the Service, automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such Submissions in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such Submissions posted by you.

REGISTRATION AND ACCESS TO SERVICE

Access to the Service. In order to use the Service, you must have a mobile communications service with a participating carrier or otherwise have access to a mobile communications network for which Havoc makes the Service available, and pay any service fees associated with any such access, if any. In addition, you must provide all equipment and any software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment does not interfere with the Service. Any equipment or software causing interference shall be immediately disconnected from the Service and we shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

Registration Data. If you opt to register for the Service, you will be required to establish an account and obtain a screen name. You authorize us to process any and all account transactions initiated through the use of your screen name and mobile telephone number. You are solely responsible for maintaining the security of your screen name and mobile telephone and must immediately notify us of any unauthorized use of your screen name and mobile telephone. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your screen name and mobile telephone. In no event will we be liable for the unauthorized use or misuse of your screen name and mobile telephone. Havoc may need to change screen names and reserves the right to do so. You will be informed if this is necessary.

You may not, or attempt to (or otherwise authorize, encourage or support others' attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Service. Havoc reserves the right, at our sole discretion, to terminate this Agreement immediately, without notice; to refuse access to the Service, and terminate any accounts, if it is believed that any user is acting in violation of any applicable law or in violation of these terms and conditions of use, or if you fail to comply with any term or condition of this Agreement. Havoc reserves the right at any time, and from time to time to modify, suspend, discontinue or permanently cancel the Service, or any portions thereof, with or without notice to you.

USER SUBMISSIONS

You are welcome to post, transmit or submit messages that will be identified with your screen name (collectively "Messages") to the Service. We accept no responsibility whatsoever for claims arising from or relating to any such Messages or Submissions. We make no warranties, express or implied, as to the content of Messages or the accuracy and reliability of any Messages. You agree that we accept no liability whatsoever if we prevent your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Service to access, view, store, or reproduce your Messages.

You acknowledge and agree that the Service can only be used for non-commercial purposes. You acknowledge and agree that all Messages and Submissions are made available to the public and that you have no expectation of privacy with regard to such Messages and Submissions. You may not disclose personal information on the Service.

Children under the age of 13 are not authorized to use the Service in any manner.

If you use the Service, you warrant that you shall not:

abuse, threaten, harass, stalk, defame, or otherwise interfere with or harm the personality, privacy, confidentiality, or publicity, moral, common law, statutory, intellectual property, or contractual rights of any other person;

submit, post, publish, or distribute any defamatory, infringing, obscene, indecent or unlawful material or information;

commit any criminal offense, including without limitation, any crimes relating to hate, assault, threats, intimidation, pornography, or that is economic in nature;

advertise, solicit or offer to sell any goods or services, or conduct any contests;

engage in any conduct that encourages, or promotes any of the prohibited conduct provided herein.

We reserve the right to turn over to law enforcement officials all Messages and Submissions by you that are in violation of this Agreement or applicable law or in response to a legal order, subpoena or other legal process. We also reserve the right to comply with any legal order, subpoena or other legal process or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Site in violation of this Agreement or applicable law.

REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for Submissions submitted using your account on the Service, and the consequences of posting or publishing them. In connection with user Submissions, and use of the Service, you affirm, represent and warrant the following:

You are 18 years of age or older and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.

If you are under 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in this Agreement.

You are 13 years of age or older. This Service is not intended for children under 13. If you are under 13 years of age, then please do not use this Service.

The user Submissions and Havoc's or its Distributor's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

The user Submissions do not contain: (i) material falsehoods or misrepresentations that could harm us or any third party; (ii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iii) advertisements or solicitations of any business, products or services; or (iv) impersonations of third parties.

You shall not violate any of the terms and conditions of this Agreement.

PRIVACY

When you register, we may ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, personal interests, and other information. You acknowledge that we may collect and process "personal information" (i.e. information that could be used to contact you, such as full name, postal address, phone number or email address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information), in connection with the Service. We may pass on your personal information, financial information and or demographic and usage information to your mobile communications carrier to secure collection of fees, and such information collected by us may be stored and processed by our agents. By using the Service, you consent to any such transfer of information.

Havoc does not rent, sell, or share personal information about you with other people or nonaffiliated companies except when we have your permission, or under the following circumstances:

We provide the information to trusted partners who work on behalf of or with us under obligations of confidentiality. These companies may use your personal information to help us communicate with you about offers from Havoc and our marketing partners. However, these companies do not have any independent right to share this information.

We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.

We share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms and conditions of use, or as otherwise required by law.

We transfer information about you if Havoc is acquired by or merged with another company. In this event, we will require the acquiring company to abide by these privacy guidelines.

Havoc may update these privacy guidelines. If we believe a change in the way we treat personal information is significant, we will notify you about that change by sending a text message to your mobile telephone, by placing a prominent notice on our site, or by using another method of providing notice.

FEES

You agree to pay your mobile communications carrier the monthly fee that corresponds to the Service you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile communications carrier. All fees are subject to change upon notice from Havoc. We will provide you with reasonable notice of such change. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

INDEMNITY

You agree to defend, indemnify and hold harmless Havoc, its Distributors, and their parents, subsidiaries, agents, managers, licensees, affiliates, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any user Submission; or (vi) any other party's access and use of the Service with your screen name and mobile phone.

NO WARRANTY

THE SERVICE AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SERVICE (COLLECTIVELY, "MATERIALS") AND ALL USER SUBMISSIONS DISTRIBUTED OR DISPLAYED BY THE DISTRIBUTORS ("DISTRIBUTION CONTENT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE, THE MATERIALS, AND THE DISTRIBUTION CONTENT IS AT YOUR OWN RISK. THE SERVICE, MATERIALS, AND DISTRIBUTION CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HAVOC, THE DISTRIBUTORS, THEIR SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE DISTRIBUTION CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE AND DISTRIBUTION CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAVOC, ITS DISTRIBUTORS, OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HAVOC, THE DISTRIBUTORS, THEIR AFFILIATES, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR OTHERWISE RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL HAVOC OR THE DISTRIBUTORS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER HAVOC NOR ITS DISTRIBUTORS SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR OTHER THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HAVOC OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOLE REMEDY

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT AND TO RECEIVE A REFUND FROM HAVOC UP TO THE AMOUNT YOU PAID TO HAVOC DURING THE THIRTY (30) DAYS PRIOR TO SUCH TERMINATION.

INTELLECTUAL PROPERTY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Havoc Intellectual Property Rights") are owned by Havoc or its licensors, and you agree to make no claim of interest in or ownership of any such Havoc Intellectual Property Rights. You acknowledge that no title to the Havoc Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

TERMINATION AND CANCELLATION OF SERVICE

You agree that Havoc, at its sole discretion, may at any time terminate this Agreement and your use of the Service for any reason or no reason, with or without notice. . You agree that upon termination of your access to the Service under any provision of this Agreement, Havoc may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Havoc shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account for any reason, Havoc will not refund any of your fees paid to date, except as expressly provided in this Agreement.

GENERAL

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the laws of the United States of America and the State of California, without regard to choice of law principles. Any dispute arising out of or related to this Agreement or use of the Service shall be decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and Havoc agree to submit to the personal jurisdiction of that court. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the complete and exclusive statement of the agreement between you and Havoc concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Havoc. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Havoc's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

By registering or using the Service you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.

Havoc Television