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About Open Television Network

Terms of Use - Viewers

If you have any questions or concerns about these Terms of Use please don't hesitate to contact us.

USER OBLIGATION

To use the Open Television you need to create a klickTab account, which will enable you to subscribe to feeds (single or multiple items) by simply providing your email address and password.

IMPORTANT:You will be charged for every item you download through an Open Television Network feed that has a price attached. If you share your feed file with someone else and they download shows that have a price attached, those charges will appear on your account. Previews, where available, are always free.

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 Use, 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 Use 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 Use 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 USE

You affirm that you are over 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 Use, and to abide by and comply with these Terms of Use.

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 klickTab account immediately and without notice.

PASSWORD, SCREEN NAME AND SECURITY

When you register as a member of Open Television Network, your email address is your user name. You must also 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 charges from downloads within a feed when you subscribe to the feed.

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 Use, 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 member whose use of the site is in question, Open Television Network will provide that member 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 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).

As a customer of 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 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.

Open Television Network does not control or endorse the content, messages or information found in any content or added to the network and, therefore, Open Television Network specifically disclaims any liability with regard to such content and any actions resulting from such content.

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).

We record information about what shows you've downloaded using your klickTab account. We also record your IP (Internet Protocol) address when you download items. The IP address uniquely identifies your computer. We use this information to enable repeat downloads, they become necessary.

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 user's 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 Use, 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 Use, your sole and exclusive remedy is to discontinue using the Open Television Network website and services provided therein.

LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. Disputes arising from these Terms of Use 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 Use 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 Use 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 Use 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.