Last Updated: October 26, 2011
Welcome to FORA.tv!
- Registration & Eligibility
- General. In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a FORA.tv account thereby becoming a "Subscriber". To become a Subscriber and register with us you must be at least 13 years of age and only Subscribers that are at least 18 years of age or the legal age of majority in the jurisdiction in which they reside may access Select Services as further described in Section 4.
This Site is not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.
- Accuracy of Information Provided. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You agree to promptly update your FORA.tv account information with any new information that may affect the operation of your FORA.tv account, including but not limited to updating your account information if there is a change in your credit card validity or expiration date related to your Payment Method (defined below). You authorize FORA.tv, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your FORA.tv account information. You are responsible for safeguarding and maintaining the confidentiality of your password and corresponding FORA.tv account information and you agree not to disclose your password to any third party. You agree to immediately notify FORA.tv of any unauthorized use of your username, password or FORA.tv account. You agree that you shall be solely responsible for any activities or actions under your FORA.tv account, whether or not you have authorized such activities or actions.
- Fees and Billing
- General. Access to Memberships, pay-per-view Events and certain Services and Content (the “Select Service”) requires payment of various subscription, and access fees, as well as other fees such as, if applicable, shipping and handling fees, all of which may be updated from time to time (“Service Fee”). The applicable Service Fee for a Select Service will be provided at the point of purchase. For example, you may purchase monthly or annual subscriptions to certain programming or access to single conference programs or Content via streams, download, DVD purchase or other means. All Service Fees are payable in United States dollars and in accordance with the payment terms provided (such as: in advance, in arrears, auto-renew, or per usage) each time you subscribe to a Select Service.
- You agree to pay FORA.tv all Services Fees at the prices then in effect for access to and use of the Select Services by you or other persons using your FORA.tv account, and you hereby authorize FORA.tv to collect such fees, any applicable tax and any other charges you may incur in connection with your access to or use of the Select Services by charging the credit card you provide to us as part of your FORA.tv account information or otherwise, either directly or indirectly via a third party online payment service, such as PayPal or Apple's iTunes (“Payment Method”). Sales tax on applicable Select Services will be based on the bill-to address and the sales tax rate in effect at the time your transaction is processed.
- Unless otherwise set forth at the point of purchase or herein, all monthly Service Fees for the Select Services are billed in advance every 30 days starting from the date the you sign up for the relevant Select Service. If you select an annual subscription, then the entire Service Fee will be billed in advance on the day you sign up for the Selected Service.
- No Refunds; Credits are Discretionary. All Service Fees and charges are nonrefundable and there are no refunds or credits for partially used subscriptions periods or otherwise. At any time, and for any reason, we may provide a refund or discount or other consideration to Subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole discretion. The provision of Credits in one instance does not entitle you or your agents to Credits in the future for similar instances, nor does it obligate FORA.tv to provide Credits in the future, under any circumstance.
- Auto-renewal. Select Services for which there is a subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate until you terminate your subscription. To change or cancel your subscription to a Select Service at any time, go to your "Profile" page and select “Cancel Subscription”. If you are a FORA.tv Plus or Frontrow member and you cancel your subscription, you will automatically become a FORA.tv Basic member. If you wish to cancel your membership entirely, send an email to email@example.com, and we'll confirm that we've deleted the account.
- Free Trials and Other Promotions. Free trials or other promotions (each a “Promotion”) cannot be combined with any other offer and may be subject to additional terms. You must have internet access and a valid Payment Method to redeem a Promotion. Any Promotion that provides subscriber-level access to the Select Services must be used within the time period specified in the additional Promotion terms and for any free trial you must cancel your subscription before the end of the Promotion period in order to avoid being charged the applicable subscription Service Fee.
- Too Many Sessions. Member access to FORA.tv pay-per-view content is limited to two simultaneous sessions; members cannot access pay-per-view content when concurrently logged in from more than two computing devices.
- Termination; Cancellation
Subject to Section 4, you may terminate your FORA.tv account at any time and for any reason by contacting us.
- Third Party Links
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that FORA.tv is not responsible or liable for the availability or accuracy of, and FORA.tv does not endorse, such websites or resources or the content, products or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Intellectual Property Rights and Ownership
- User Submissions.
- License Grant. FORA.tv does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to FORA.tv, on the Site or through the Services you hereby grant and agree to grant FORA.tv a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to FORA.tv. FORA.tv shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by FORA.tv, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by FORA.tv to give to FORA.tv the full benefit of the rights granted to FORA.tv by you.
- Limitations. You acknowledge and agree that FORA.tv may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on FORA.tv’s servers. FORA.tv shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions. You acknowledge that FORA.tv has no obligation to host any User Submissions or Content and in the exercise of its sole discretion may at anytime refuse to do so.
- Disclaimer. FORA.tv does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and FORA.tv expressly disclaims any and all liability in connection with User Submissions. You understand that when using the Site and Services, you will be exposed to User Submissions from a variety of sources, and that FORA.tv is not responsible for the accuracy, usefulness or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FORA.tv with respect thereto.
As a condition to your access and use of the Site, Content or Services, and in connection to such access or use, you agree not to:
- Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content;
- Post, upload and otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission for which you do not have the consent or permission of each identifiable person in the User Submission to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated by the User Submission) and such consent or permission is necessary; or (iii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret or other intellectual property right or moral right or right of publicity);
- Use any meta tags or other hidden text or metadata utilizing a FORA.tv name, trademark, URL or product name;
- Post, upload and otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
- Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
- Post, upload or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of FORA.tv;
- Post, upload or otherwise transmit any User Submissions that contains software viruses or any other computer code, files or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
- Post, upload or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
- Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site or the technical delivery systems of FORA.tv’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- Attempt to probe, scan or test the vulnerability of any FORA.tv system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
- Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by FORA.tv or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
- Collect or store personal data about other users without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
- Violate any applicable law, regulation or ordinance;
- Use the Site or Services in any manner not permitted by this Agreement; or
- Encourage or enable any other individual to do any of the foregoing.
- Enforcement of Terms
- Copyrighted Materials: No Unauthorized Use
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. FORA.tv has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
- Disclaimer of Warranties
Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein or on which the Content is provided, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. FORA.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. FORA.tv disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. FORA.tv is not responsible for and does not make any warranties regarding the devices from which the Site, Services, Content and User Submissions are accessed. No advice or information, whether oral or written, obtained by you from FORA.tv, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
- Limitation of Liability
IN NO EVENT SHALL FORA.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT OR USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FORA.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FORA.TV’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
Your feedback is welcome and encouraged. You may submit feedback by contacting us. You agree, however, that (i) by submitting unsolicited ideas to FORA.tv or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to FORA.tv or any of its employees or representatives automatically become the property of FORA.tv. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to FORA.tv together with all intellectual property rights therein.