Terms of Service - Content Owners

If you have any questions or concerns about these Terms of Service please do not hesitate to contact us.

MERCHANT OBLIGATION

If you are seeking to add programs to this site to sell through Open Television Network then you need to create a merchant, or content provider, account.

Open Television Network reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Service, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.

If these Terms of Service are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately.

If there is any conflict between these Terms of Service and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.

ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

If we discover or have any reason to suspect that you have not reached 18 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a content provider for the Open Television Network, your email address is your user name. We ask you to provide a password. Your email address and password allow you to access your account on the website, and to confirm that you accept responsibility for the content you link to and the feeds you create.

You accept that it is your sole responsibility to maintain the confidentiality of your password and email address combination and that you are responsible for all activity that occurs under them. Open Television Network is unable to check the identity of people using the network and will not in any way be liable where your password or email address combination are used by someone else. You agree to notify Open Television Network immediately of any unauthorized use of your account or any other breach of security as soon as you become aware of it.

Any private information and/or data relating to your membership to Open Television Network that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Open Television Network, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Service, including but not limited to any claim of infringement by you, or otherwise where required by law. We will only release information that we are legally compelled to release. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.

HOLD HARMLESS AND INDEMNIFICATION

You agree to hold harmless and indemnify Open Television Network, its employees, agents, representatives and third-party content, distribution, or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Open Television Network site or feeds, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Open Television Network receives notice of such a claim from someone other than the content owner whose use of the site is in question, Open Television Network will provide that content owner with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

The content on the Open Television Network site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to Open Television Network, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. Open Television Network reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of Open Television Network, its affiliates, associated companies, and/or licensors.

The names, images and logos identifying Open Television Network are proprietary marks of Open Television Network, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Open Television Network, its associated companies and affiliates, or any third party unless expressly stated otherwise.

All of the content in the Open Television Network is protected by the copyright of our content providers (merchants).

OBLIGATIONS OF MERCHANTS

As a creator of content added to the Open Television Network, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content in the Open Television Network, other than your own, in whole or in part outside of the specific usage rights granted to you by the doctrine of Fair Use. If you download or print a copy of any Open Television Network content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.

If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the Open Television Network, you will need to provide, at a minimum, the following information immediately:

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Any rights not expressly granted herein are reserved. Our DMCA takedown process is outlined here.

You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to Open Television Network, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Open Television Network to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Service.

We take the theft of other people's copyright very seriously. If you upload content you do not have the right to upload, and that is upheld, then we reserve the right to permanently ban you from the Open Television Network.

NOTE: Making a false takedown notice claim is punishable by law. If a counterclaim is made the content will go back up, at which time your obligation is to deal with the merchant who provided the content in the normal legal system.

REVENUE SHARE

Open Television Network takes 15% from each sale through the Open Television Network and passes 85% of each sale to the Content Owner who added it to the system.

Content owners are paid on a monthly basis, with revenues remitted to content owners via check who have accumulated a balance of $20 or more. Participation in the revenue sharing program requires that the content owner has provided Open Television Network with a valid email and street address.

In certain cases, Open Television Network may be required to report your earnings through the advertising revenue share program to the Internal Revenue Service or other government authorities. In such a case, Open Television Network may reserve payment until appropriate reporting information (i.e. Social Security Number, address) has been provided to make such reporting possible.

PROHIBITED CONTENT

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Service and elsewhere on the Open Television Network website, the following content is prohibited on Open Television Network.

* Content involving nudity, including but not limited to, nudity or partial nudity of children of any age unless the appropriate content warnings are in place. Adult or child pornography is not allowed in the Open Television Network.

* Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.

* Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.

* Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity without appropriate viewer warnings.

* Content promoting or providing instructional information about illegal activities.

* Content depicting cruelty to animals.

* Copyrighted content or material that is used without the express permission of the owner.

* Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).

* Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.

* Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of Open Television Network servers or another user's computer.

* Content that violates any applicable laws or regulations not specifically referenced herein.

Open Television Network has no obligation to monitor the content that has been added to the network. However, Open Television Network reserves the right to review materials added to the Open Television Network and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. Open Television Network reserves the right to terminate your access to any or all of the services offered by Open Television Network at any time without notice for any reason whatsoever.

PRIVACY

Open Television Network strongly respects the privacy of its users.

Open Television Network will not share personally identifiable information about you with any third-party except as required by law, or as is necessary to fulfill its obligations under these Terms (i.e. to facilitate advertising revenue share payment).

As a condition of your use of the Open Television Network, you warrant that you will not use the services offered on the network for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Open Television Network in any manner which could damage, disable, overburden, or impair the Open Television Network site or servers, nor interfere with any other party's use and enjoyment of the Open Television Network. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other Open Television Network proprietary materials, through any means not intentionally made available or provided for through the Open Television Network site.

Open Television Network reserves the right to terminate your access to any or all of the services offered by Open Television Network at any time without notice for any reason whatsoever.

You agree to use the services provided by Open Television Network only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use Open Television Network in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, Open Television Network through an interface or in a manner that would interfere with the monetization of Open Television Network content or the honoring of copyright licenses attached to Open Television Network content. You also agree that you will not access Open Television Network from any territory where its contents are illegal.

Open Television Network does not endorse any content or any opinion, recommendation or advice expressed therein, and Open Television Network expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Service, Open Television Network may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

WARRANTY DISCLAIMER

Please note that the information, software, products and services included in, or available through, the Open Television Network website are continually being updated and upgraded. Open Television Network does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SITE AND SERVICE IS PROVIDED AS IS WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. OPEN TELEVISION NETWORK EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

The information and other materials included on this site may contain inaccuracies and typographical errors. Open Television Network does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information displayed or distributed through the site (including, without limitation, the information provided through the use of any software or any user-generated content). You acknowledge that any reliance on any such statement or information shall be at your sole risk. Open Television Network reserves the right, in its sole discretion, to correct any errors or omissions in any part of the site and to make changes to the site and to the materials, products, programs, services or prices described in the site at any time without notice.

Open Television Network does not warrant that the functions contained in this site will be uninterrupted or error free, that defects will be corrected or that this site or the server that makes it available are free of viruses or bugs. Open Television Network does not represent the full functionality, accuracy or reliability of any material. Open Television Network may terminate, change, suspend or discontinue any aspect of this site, including the availability of any features of the site, at any time without notice or liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEN TELEVISION NETWORK AND/OR ITS EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OPEN TELEVISION NETWORK WEBSITE, WITH THE DELAY OR INABILITY TO USE THE OPEN TELEVISION NETWORK WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OPEN TELEVISION NETWORK WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OPEN TELEVISION NETWORK WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPEN TELEVISION NETWORK OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Open Television Network website, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Open Television Network website and services provided therein.

LAW AND JURISDICTION

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Disputes arising from these Terms of Service or your use of the Open Television Network website shall be exclusively subject to the jurisdiction of the courts of California. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises.

Open Television Network makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is strictly prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.

MISCELLANEOUS

If any of these Terms of Service or any other policies posted by Open Television Network management on the Open Television Network website should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms of Service are intended to be effective, then to the extent permissible, such Term of Use or policy, or portion thereof, shall be severed and deleted from the remaining terms, conditions and policies, and the remaining terms, conditions and policies shall survive and continue to be binding and enforceable. The failure of Open Television Network to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.

The section headings contained in these Terms of Service are included for convenience only, and shall not limit or otherwise affect these terms and conditions.

The plain language version of this document is available here.