TERMS OF USE – Maximum TV Inc.

 

(Update: March 12, 2009)

 

 

 

 

Maximum TV Inc. ("Maximum TV," "we," or "us") provides an online video service offering a selection of television shows, movies, clips, and other content (collectively, "Content") for viewing in the Maximum TV Application (the “Application”), activated via the maximum.tv website (the "Maximum TV Site"), Maximum TV's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users are permitted to embed Maximum TV's video player (the "Video Player") in accordance with these Terms of Use (these websites, together with the Maximum TV Site and Distribution Sites, are referred to collectively as the "Sites"). Our video service, our Video Player, and any other features, tools, applications, materials, or other services offered from time to time by Maximum TV in connection with its business on any of the Sites are referred to collectively as the "Maximum TV Services." We are a company based in the United States.

 

It is our pleasure to provide the Maximum TV Services for your personal enjoyment and entertainment. To enjoy Maximum TV and the Maximum TV Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Terms"). By visiting the Maximum TV Site (whether or not you are a registered member) or using any of the Maximum TV Services on any of the Sites, you are agreeing to these Terms. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at feedback@maximum.tv (subject line: "TOU Question").

 

 

Maximum TV may change these Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Maximum TV Site at http://www.maximum.tv/terms. Any visit to the Maximum TV Site or use of the Maximum TV Services on any of the Sites by you after the new Terms are posted will be deemed to evidence your agreement to such change. Therefore, it is important you read this page regularly to ensure that you are familiar with the most updated Terms.

 

 

You must be at least 13 years of age to visit the Maximum TV Site or use the Maximum TV Services on any Site.

 

Your License. Maximum TV is pleased to grant you a limited license to view the Content and to use the Maximum TV Services for personal, non-commercial purposes as set forth in these Terms.

 

The Content. You may only view the Content personally and for a non-commercial purpose. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Maximum TV in writing. The Content covered by this restriction includes any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Maximum TV in writing. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.

 

The Video Application (the “Video Player”). You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes disabling, reverse engineering, modifying, or otherwise circumventing the Video Player in a manner that enables users to view the Content without displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located.

 

Embedding a Video Using Maximum TV widgets (the “Widget”). You may embed videos using the Widget, provided you do not embed the Video Player on any website or other location that contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, is otherwise inappropriate or objectionable to Maximum TV (in Maximum TV's sole discretion), or links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player or Widget into any hardware or software application.

 

Ownership. You agree that Maximum TV owns and retains all rights to the Maximum TV Services. You further agree that the Content provided to you and other users as part of the Maximum TV Services is owned by Maximum TV and Maximum TV's licensors. The Maximum TV Services and the Content are protected by copyright, trademark, and other intellectual property laws.

 

Your Responsibilities. In order for us to keep the Maximum TV Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, you and other users must use the Maximum TV Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree not to use the Maximum TV Services in a way that:

 

violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

uses technology or other means to access the Content or the Maximum TV Services that is not authorized by Maximum TV (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of the Content or Maximum TV Services);

involves accessing the Maximum TV Services through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Maximum TV Services and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content);

attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

attempts to damage, disable, overburden, impair, or gain unauthorized access to the Maximum TV Services, including Maximum TV's servers, computer network, or user accounts;

attempts to remove, modify, disable, or otherwise impair any advertising in connection with the Maximum TV Service;

attempts to collect personally identifiable information in violation of Maximum TV's Privacy Policy;

encourages conduct that would constitute a criminal offense or give rise to civil liability;

violates these Terms or any guidelines or policies posted by Maximum TV; or

interferes with any other party's use and enjoyment of the Maximum TV Services.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Maximum TV Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Maximum TV Services, you acknowledge that you will have caused substantial harm to Maximum TV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Maximum TV $50 for each such unsolicited communication you send through the Maximum TV Services.

 

Downloads. In order to participate in certain Maximum TV Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

 

Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the Maximum TV Services with respect to any or all users, at any time without notice. You acknowledge that Maximum TV may do so in Maximum TV's sole discretion. You also agree that Maximum TV will not be liable to you for any modification, suspension, or discontinuance of the Maximum TV Services.

 

 

Access to the Maximum TV Site and use of the Maximum TV Services is free. If we feel it is appropriate to charge for certain premium Maximum TV Services, we will, of course, notify you. You then will have an opportunity not to use such premium Maximum TV Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.

 

 

We may from time to time offer various features that require registration or the creation of an account on the Maximum TV Site. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.

 

All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at support@maximum.tv (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

 

You may terminate your account by emailing support@maximum.tv (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

 

We reserve the right to immediately terminate your account or your use of the Maximum TV Services at any time, without notice or liability, if Maximum TV determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Maximum TV Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Maximum TV servers being made or the volume of User Material (as defined below in Section 7) being Posted.

 

 

For information about Maximum TV's policies and practices regarding the collection and use of your personally identifiable information, please read Maximum TV's Privacy Policy located at http://www.maximum.tv/privacy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Maximum TV Site and use of the Maximum TV Services on any of the Sites are governed by the Maximum TV Privacy Policy in effect at the time of your use.

 

 

Third Party Websites. If we provide links or pointers to other websites, you should not infer or assume that Maximum TV operates, controls, or is otherwise connected with these websites. When you click on a link within the Maximum TV Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.

 

Maximum TV is not responsible for the content or practices of any website other than the Maximum TV Site, even if it links to the Maximum TV Site and even if the website is operated by a company affiliated or otherwise connected with Maximum TV. By using the Maximum TV Services, you acknowledge and agree that Maximum TV is not responsible or liable to you for any content or other materials hosted and served from any website other than the Maximum TV Site.

 

Advertisements. Maximum TV takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Maximum TV Services are between you and the advertiser, and you agree that Maximum TV is not liable for any loss or claim that you may have against an advertiser.

 

 

Maximum TV, the Maximum TV logo, www.maximum.tv, and other Maximum TV marks, graphics, logos, scripts, and sounds are trademarks of Maximum TV. None of the Maximum TV trademarks may be copied, downloaded, or otherwise exploited.

 

 

Maximum TV does not knowingly accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Maximum TV's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Maximum TV creative work, including a film, series, story, title, or concept, would be purely coincidental.

 

 

WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE MAXIMUM TV SERVICES, YOU AGREE THAT USE OF THE MAXIMUM TV SERVICES IS AT YOUR OWN RISK. THE MAXIMUM TV SERVICES, INCLUDING THE MAXIMUM TV SITE, THE APPLICATION  AND THE OTHER SITES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAXIMUM TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE MAXIMUM TV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.

 

IN NO EVENT SHALL MAXIMUM TV OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE "MAXIMUM TV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE MAXIMUM TV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE MAXIMUM TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MAXIMUM TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE MAXIMUM TV SERVICES.

 

 

If you believe that any Content, User Material, or other material provided through the Maximum TV Services, including through a link, infringes your copyright, you should notify Maximum TV of your infringement claim in accordance with the procedure set forth below.

 

We will process each notice of alleged infringement which Maximum TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Maximum TV's Copyright Agent at dmca@maximum.tv (subject line: "DMCA Takedown Request"). You may also contact us by mail or facsimile at:

 

 

To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Maximum TV Services that is reasonably sufficient to enable Maximum TV to identify and locate the material; (d) how Maximum TV can contact you, such as your address, telephone number, and email address; (e) 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; and (f) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to dmca@maximum.tv for purposes other than communication about copyright infringement may not be answered.

 

Maximum TV has a policy of terminating repeat infringers in appropriate circumstances.

 

 

International Use. Maximum TV's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Maximum TV does not have rights is prohibited.

 

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Maximum TV Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

 

Choice of Law. These Terms of Use are governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts located in the Los Angeles County of the State of California.

 

No Waiver/Reliance. If you see other parties violating these Terms from time to time, we would appreciate it if you would let us know at feedback@maximum.tv (subject line: "TOU Violation"). Precisely how Maximum TV responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Maximum TV's precise response with respect to one party or one situation as any indication of what Maximum TV might do with respect to another party or another situation, even if the parties or situations appear to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Maximum TV's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Maximum TV acts in a way that appears to you to be inconsistent with these Terms of Use, Maximum TV's action shall not be deemed a waiver or constructive amendment of these Terms.

 

Integration, Amendment, and Severability. Please note that these Terms of Use, including Maximum TV's Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and Maximum TV and govern your use of the Maximum TV Services (but excludes any services, if any, that Maximum TV may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Maximum TV in relation to the Maximum TV Services. These Terms may not be amended or varied except in a writing signed by Maximum TV. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

 

No Use of Electronic or Digital Signatures. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for purposes of these Terms of Use, a signature or "signed" writing or written agreement may not include an electronic or digital signature.

 

Thank you for taking the time to read these Terms of Use. These Terms of Use will be updated from time to time, so you should check back frequently to read the most recent Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. Enjoy the Maximum TV Services!