Terms of Service
These Terms of Service
("Terms") govern your access to and use of CrimeTV LLC websites,
including but not limited to www.CrimeTV.com and www.ArcadeCrime.com
(the "Services"), and any information, text, graphics, video
or other material uploaded, downloaded or appearing on the Services
(collectively referred to as "Content"). Your access to and
use of the Services is conditioned on your acceptance of and compliance
with these Terms. By accessing or using the Services you agree to be
bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content you
post to the Services, and for any consequences thereof. The Content
you submit, post, or display will be able to be viewed by other users
of the Services and through third party services and websites. You should
only provide Content that you are comfortable sharing with others under
these Terms.
You may use the Services
only if you can form a binding contract with CrimeTV LLC and are not
a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You may use the Services only
in compliance with these Terms and all applicable local, state, national,
and international laws, rules and regulations. The Services that CrimeTV
LLC provides through www.CrimeTV.com and other sites are always
evolving and the form and nature of the Services that CrimeTV LLC provides
may change from time to time without prior notice to you. In addition,
CrimeTV LLC may stop (permanently or temporarily) providing the Services
(or any features within the Services) to you or to users generally and
may not be able to provide you with prior notice. We also retain the
right to create limits on use and storage at our sole discretion at
any time without prior notice to you.
The Services may include
advertisements, which may be targeted to the Content or information
on the Services, queries made through the Services, or other information.
The types and extent of advertising by CrimeTV LLC on the Services are
subject to change. In consideration for CrimeTV LLC granting you access
to and use of the Services, you agree that CrimeTV LLC and its third
party providers and partners may place such advertising on the Services
or in connection with the display of Content or information from the
Services whether submitted by you or others.
Any information that
you provide to CrimeTV LLC is subject to our Privacy Policy, which governs
our collection and use of your information. You understand that through
your use of the Services you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for
storage, processing and use by CrimeTV LLC. As part of providing you
the Services, we may need to provide you with certain communications,
such as service announcements and administrative messages. These communications
are considered part of the Services and your CrimeTV LLC account, which
you may not be able to opt-out from receiving without canceling your
account.
Passwords
You are responsible
for safeguarding the password that you use to access the Services and
for any activities or actions under your password. We encourage you
to use "strong" passwords (passwords that use a combination
of upper and lower case letters, numbers and symbols) with your account.
CrimeTV LLC cannot and will not be liable for any loss or damage arising
from your failure to comply with the above requirements.
Content on the Services
All Content, whether
publicly posted or privately transmitted, is the sole responsibility
of the person who posted such Content. We may not monitor or control
the Content posted via the Services and, we cannot take responsibility
for such Content. Any use or reliance on any Content or materials posted
via the Services or obtained by you through the Services is at your
own risk. We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications
posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content
that might be offensive, harmful, violent, inaccurate or otherwise inappropriate,
or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will CrimeTV LLC be liable in any
way for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Services or broadcast elsewhere.
Your Rights
You retain your rights
to any Content you submit, post or display on or through the Services.
By submitting, posting or displaying Content on or through the Services,
you grant us a worldwide, non-exclusive, royalty-free license (with
the right to sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display and distribute such Content in any and all
media or distribution methods (now known or later developed).
You agree that this
license includes the right for CrimeTV LLC to make such Content available
to other companies, organizations or individuals who partner with CrimeTV
LLC for the syndication, broadcast, distribution or publication of such
Content on other media and services, subject to our terms and conditions
for such Content use.
Such additional uses
by CrimeTV LLC , or other companies, organizations or individuals who
partner with CrimeTV LLC, may be made with no compensation paid to you
with respect to the Content that you submit, post, transmit or otherwise
make available through the Services.
We may modify or adapt
your Content (or all others to do so) without prior notice to you for
any reason whatsoever, including but not limited to optimizing it for
display or distribution it over computer networks and in various media
formats.
You are responsible
for your use of the Services, for any Content you provide, and for any
consequences thereof, including the use of your Content by other users
and our third party partners. You understand that your Content may be
re-distributed by our partners and if you do not have the right to submit
Content for such use, it may subject you to liability. CrimeTV LLC will
not be responsible or liable for any use of your Content by CrimeTV
LLC in accordance with these Terms. You represent and warrant that you
have all the rights, power and authority necessary to grant the rights
granted herein to any Content that you submit.
CrimeTV LLC gives you
a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software that is provided to you by CrimeTV LLC as
part of the Services. This license is for the sole purpose of enabling
you to use and enjoy the benefit of the Services as provided by CrimeTV
LLC, in the manner permitted by these Terms.
CrimeTV LLC Rights
All right, title, and
interest in and to the Services (excluding Content provided by users)
are and will remain the exclusive property of CrimeTV LLC and its designated
affiliates. The Services are protected by copyright, trademark, and
other laws of both the United States and foreign countries. Nothing
in the Terms gives you a right to use the CrimeTV LLC name or any of
the CrimeTV LLC trademarks, logos, domain names, and other distinctive
brand features. Any feedback, comments, or suggestions you may provide
regarding CrimeTV LLC, or the Services it provides is entirely voluntary
and we will be free to use such feedback, comments or suggestions as
we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right
at all times (but will not have an obligation) to remove or refuse to
distribute any Content on the Services and to terminate users or reclaim
usernames. Please review the CrimeTV LLC Rules (which are part of these
Terms) to better understand what is prohibited on the Service. We also
reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to (i) satisfy any applicable
law, regulation, legal process or governmental request, (ii) enforce
the Terms, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or (v) protect the rights, property
or safety of CrimeTV LLC , its users and the public.
You may not do any
of the following while accessing or using the Services: (i) access,
tamper with, or use non-public areas of the Services, computer systems,
or the technical delivery systems of CrimeTV LLC; (ii) probe, scan,
or test the vulnerability of any system or network or breach or circumvent
any security or authentication measures; (iii) access or search or attempt
to access or search the Services by any means (automated or otherwise)
other than through our currently available, published interfaces that
are provided by CrimeTV LLC (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement
with CrimeTV LLC (NOTE: crawling the Services is permissible if done
in accordance with the provisions of the robots.txt file, however, scraping
the Services without the prior consent of CrimeTV LLC is expressly prohibited);
(iv) forge any TCP/IP packet header or any part of the header information
in any email or posting, or in any way use the Services to send altered,
deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation
of Content in such a manner as to interfere with or create an undue
burden on the Services.
Copyright Policy
CrimeTV LLC respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right
to remove Content alleged to be infringing without prior notice and
at our sole discretion. In appropriate circumstances, CrimeTV LLC will
also terminate a user's account if the user is determined to be a repeat
infringer. Our designated copyright agent for notice of alleged copyright
infringement appearing on the Services is:
CrimeTV LLC
Attn: Copyright Agent
Email: support@CrimeTV.com
The Services are Available "AS-IS"
Your access to and
use of the Services or any Content is at your own risk. You understand
and agree that the Services is provided to you on an "AS IS"
and "AS AVAILABLE" basis. Without limiting the foregoing,
CrimeTV LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaim all responsibility and liability for
the completeness, accuracy, availability, timeliness, security or reliability
of the Services or any content thereon. CrimeTV LLC will not be responsible
or liable for any harm to your computer system, loss of data, or other
harm that results from your access to or use of the Services, or any
Content. You also agree that CrimeTV LLC has no responsibility or liability
for the deletion of, or the failure to store or to transmit, any Content
and other communications maintained by the Services. We make no warranty
that the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from CrimeTV LLC or through the Services,
will create any warranty not expressly made herein.
Links
The Services may contain
links to third-party websites or resources. You acknowledge and agree
that we are not responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content, products, or services
on or available from such websites or resources. Links to such websites
or resources do not imply any endorsement by CrimeTV LLC of such websites
or resources or the content, products, or services 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.
Limitation of Liability
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, CrimeTV LLC AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL,
OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT
OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, WHETHER OR NOT CrimeTV LLC HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions
do not allow the exclusion of certain warranties or the exclusion or
limitation of liability for consequential or incidental damages, so
the limitations above are applicable only to the extent permitted by
laws in local jurisdictions.
Waiver and Severability
The failure of CrimeTV
LLC to enforce any right or provision of these Terms will not be deemed
a waiver of such right or provision. In the event that any provision
of these Terms is held to be invalid or unenforceable, the remaining
provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any
action related thereto will be governed by the laws of the State of
New York without regard to or application of its conflict of law provisions
or your state or country of residence. All claims, legal proceedings
or litigation arising in connection with the Services will be brought
solely in New York, New York, and you consent to the jurisdiction of
and venue in such courts and waive any objection as to inconvenient
forum. If you are accepting these Terms on behalf of a United States
federal government entity that is legally unable to accept the controlling
law, jurisdiction or venue clauses above, then those clauses do not
apply to you but instead these Terms and any action related thereto
will be will be governed by the laws of the United States of America
(without reference to conflict of laws) and, in the absence of federal
law and to the extent permitted under federal law, the laws of the State
of New York (excluding choice of law).
Entire Agreement
These Terms, the CrimeTV
LLC Rules and our Privacy Policy are the entire and exclusive agreement
between CrimeTV LLC and you regarding the Services (excluding any services
for which you have a separate agreement with CrimeTV LLC that is explicitly
in addition or in place of these Terms), and these Terms supersede and
replace any prior agreements between CrimeTV LLC and you regarding the
Services.
We may revise these
Terms from time to time, the most current version will always be at
www.CrimeTV.com. If the revision, in our sole discretion, is material
we will notify you via an e-mail to the email associated with your account.
By continuing to access or use the Services after those revisions become
effective, you agree to be bound by the revised Terms.
These Services are
operated and provided by CrimeTV LLC. If you have any questions
about these Terms, please contact us. CrimeTV LLC.
or support@CrimeTV.com
Effective: August 17, 2011
Privacy Policy
This Privacy Policy
describes CrimeTV LLC policies and procedures on the collection, use
and disclosure of your information. CrimeTV LLC receives your information
through our various web sites, services and third-parties ("Services"),
including, but not limited to those associated with www.CrimeTV.com, ArcadeCrime.com and other affiliated websites.
When using any of our Services, you consent to the collection, transfer,
manipulation, storage, disclosure and other uses of your information
as described in this Privacy Policy. Irrespective of which country that
you reside in or create information from, your information may be used
by CrimeTV LLC in the United States or any other country where CrimeTV
LLC operates.
If you have any questions
or comments about this Privacy Policy, please contact us at privacy@CrimeTV.com.
Information Collection
and Use
Information Collected
Upon Registration: When you create or configure a CrimeTV.com account,
you may provide some personal information, such as your name, username,
password, and email address. Some of this information, for example,
your name, username and avatar image may be listed publicly on our Services,
including on your profile page and in search results. Some Services,
such as search and browsing, do not require registration, though posting
any and all Content to the Services must be conducted from a registered
account.
Additional Information:
You may provide us with additional information to make public, such
as a short biography, your location, or a picture. We may use your contact
information to send you information about our Services or to market
to you. You may unsubscribe from these messages by following the instructions
contained within the messages. If you email us, we may keep your message,
email address and contact information to respond to your request. Providing
the additional information described in this section is entirely optional.
Following other
Users, Lists and other Public Information: Our Services are primarily
designed to help you share your love of Crime-themed entertainment with
the world and provide a online destination for enthusiasts of the genre.
Most of the information you provide to us is information you are asking
us to make public. This includes not only the Content you upload (such
as text, images and video) and the metadata provided with that Content,
such as the Content genre, key words, and descriptions, but also the
lists you create, the types of searches you conduct, the Content items
you mark as favorites and many other bits of information regarding your
use of the Services. You should be careful about all information that
you elect to upload via this site and assume that the majority of the
information that you post may be made public by CrimeTV LLC.
Log Data: Our
servers automatically record information ("Log Data") created
by your use of the Services. Log Data may include information such as
your IP address, browser type, the referring domain, pages visited,
and search terms. Other actions, such as interactions with advertisements,
may also be included in Log Data.
Links: CrimeTV
LLC may keep track of how you interact with links by redirecting clicks
or through other means. We do this to help improve our Services, including
advertising, and to be able to share aggregate click statistics such
as how many times a particular link was clicked on.
Cookies: Like
many websites, we may use "cookie" technology to collect additional
website usage data and to improve our Services, but we do not require
cookies for any part of our Services such as searching and looking at
public user profiles or lists. A cookie is a small data file that is
transferred to your computer's hard disk. CrimeTV LLC may use both session
cookies and persistent cookies to better understand how you interact
with our Services, to monitor aggregate usage by our users and web traffic
routing on our Services, and to improve our Services. Most Internet
browsers automatically accept cookies. You can instruct your browser,
by editing its options, to stop accepting cookies or to prompt you before
accepting a cookie from the websites you visit.
Third Party Services:
CrimeTV LLC uses a variety of services hosted by third parties to help
provide our Services and to help us understand the use of our Services,
such as Google Analytics. These services may collect information sent
by your browser as part of a web page request, such as cookies or your
IP address.
Information Sharing
and Disclosure
Your Consent:
We may share or disclose your information with your consent, such as
when you use a third party web client to access your www.CrimeTV.com
account.
Service Providers:
We engage certain trusted third parties to perform functions and provide
services to us. We may share your personal information with these third
parties, but only to the extent necessary to perform these functions
and provide such services, and only pursuant to obligations mirroring
the protections of this privacy policy.
Law and Harm:
We may disclose your information if we believe that it is reasonably
necessary to comply with a law, regulation or legal request; to protect
the safety of any person; to address fraud, security or technical issues;
or to protect CrimeTV LLC's rights or property.
Business Transfers:
In the event that CrimeTV LLC is involved in a bankruptcy, merger, acquisition,
reorganization or sale of assets, your information may be sold or transferred
as part of that transaction. The representations and rights in this
privacy policy will apply to your information as transferred to the
new entity.
Non-Private or Non-Personal
Information: We may share or disclose your non-private, aggregated
or otherwise non-personal information.
Modifying Your Personal
Information
If you are a registered
user of our Services, we provide you with tools to access or modify
the personal information you provided to us and associated with your
account.
Our Policy Towards
Children
Our Services are not
directed to people under 13. If you become aware that your child has
provided us with personal information without your consent, please contact
us at privacy@CrimeTV.com. We do not knowingly collect personal information
from children under 13. If we become aware that a child under 13 has
provided us with personal information, we take steps to remove such
information immediately and terminate the child's account.
Changes to this
Policy
We may revise this
Privacy Policy from time to time. The most current version of the policy
will govern our use of your information and will always be available
at www.CrimeTV.com. If we make a change to this policy that, in our
sole discretion, is material, we will notify you via e-mail to the email
associated with your account. By continuing to access or use the Services
after those changes become effective, you agree to be bound by the revised
Privacy Policy.
This Privacy Policy is effective as of August 17, 2011.