PJTV - Terms Of Service

1. Introduction. Pajamas Media, (“PjTV,” “we” or “us”) provides various types of content and interactive online services on the Internet and via mobile devices (the “Services”) to our Member through our website at www.pjtv.com (the “Site”). Please read the following important Member Agreement and Terms of Use (the “Member Agreement”) carefully. This Member Agreement governs your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and PJTV.

When you subscribe to the Service, you are agreeing to this Member Agreement and the Terms of Use. To the extent you have access to, or are using, the Service without having completed our registration process, you are hereby notified that your use and your continued use of the Service are subject to the terms and conditions of this Member Agreement and Terms of Use as explained in Section 5 below.

2. Changes to Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document. Access to this document will be found at the bottom of each page. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and cancelling your subscription. By continuing to access, visit or use the Site and Services after we make any such changes, you agree to be bound by the revised Member Subscription Agreement and Terms of Use.

3. Becoming a Member. In order to access most features on the Site and use the Services, you will have to become a PJTV Member. To become a Member you must be at least 18 years of age. As a Member you will pay fees as set forth in Section 5, below. We have different levels of membership, which are explained on our Subscription page.

When you register, you will be asked to enter your email address and to choose a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party, nor may you allow a third party to access The Content under your account. Your password is personal to you, and access by any other person, even with your permission is not allowed. Household members may watch The Content with you. You agree that you will be solely responsible for any activities or actions taken under your email address or password, whether or not you have authorized such activities or actions. You will immediately notify Us of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to this Member Agreement; and (b) electronic records to store information related to this Member Agreement and your use of the Site and Services.

4. Your Account Information. Registration data and other information about you are subject to our Privacy Policy. You are solely responsible for maintaining the confidentiality of your password. In addition to being a violation of our Terms of Use (see Section 11, below), if you provide someone else with access to your password to The Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required under this Agreement. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

5. Fees and Payments. You agree to pay the membership fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. Our subscriptions are monthly. They will start on the date you register and renew on that same date each month (your “Renewal Date”). We will bill all charges automatically to your credit card each month on your monthly Renewal Date. Unless we state in writing otherwise, all fees and charges are nonrefundable. Therefore if you cancel prior to your Renewal Date, your cancellation will go into effect at the end of that period on your Renewal Date. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. Changes in fees will always go into effect on the next Renewal Date.

If you believe someone has accessed the Service using your user name and password without your authorization, please notify us through the Support page. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. If you distribute your user information to any third person, or make it available on any website, your account may be immediately terminated.

6. Renewal, Modification and Cancellation. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail (receipt of which must be confirmed by email reply from us) of your decision to cancel your subscription. You must cancel your subscription 72 hours prior to any Renewal Date in order to avoid billing of subscription fees for the next month to your credit card. If you cancel, you will have access until your next Renewal Date regardless of the date of your cancellation.

You may also change your membership program. Current membership programs can be viewed on the Subscription Page. All membership changes will take effect, and be billed at the beginning of your next membership month.

7. Types of Content. As used in this Member Agreement “Content” means, collectively, the text, data, graphics, images, scripts, photos and video files, audio files, and all meta data made available through the Site, and regardless of who created or uploaded the Content. Unless modified, the term Content refers to all Content, including but not limited to all three of the following categories of Content. “User Content” means, collectively, the Content which you and other Members upload to the Site, and which is intended to be visible to others. Pajamas Media is under no obligation to allow User Content. “Pajamas Content” means the Content we upload to the Site. “Third Party Content” means Content created by a third party that we, or a third party with our consent, uploads to the Site. We reserve the right to remove and permanently delete any Content from the Site without notice.

8. User Content.

a. We may periodically invite users to submit User Content either in the form of Comments posted to other Content, or Content such as videos, images, audio files etc. created by Users, and submitted to PJTV. Unless otherwise specificed, PJTV does not pre-screen, edit, or fact-check User Content. By displaying User Content, PJTV does not assume any liability for that Content. PJTV reserves the right to display, refuse to display, or modify User Content submitted to us.

b. By submitting User Content to PJTV you grant PJTV a worldwide, perpetual, sublicensable, transferable license to use, display distribute, publicly perform and reproduce your Content in any manner and by any means, whether now known or hereafter devised, whether electronic or otherwise.

c. By submitting User Content to PJTV you represent and warrant that you own the copyrights to that Content, that it is original and has not previously been published elsewhere. You further represent and warrant that any photographs, videos, audio recordings or quotes in the Content you submit has not been altered in any way other than for clarity or brevity, unless you clearly notify PJTV of such changes at the time you submit Content to PJTV. You also represent and warrant that no User Content that you submit violates the rights of any third party.

d. By submitting User Content to PJTV you agree that you will indemnify, defend and hold PJM harmless from and against any costs, losses, damages and expenses resulting from any claim, suit, action, or proceeding brought by any third party against PJTV alleging that your User Content has violated any rights of any third party. This means that you are financially responsible for any damages your Content may cause.

e. If you feel Content submitted by another User in any way violates your rights, you should submit a request to Us via the Support Link which is visible on each page of Our site. Requests should conform with the take-down procedures of the DMCA.

f. We reserve the right to remove any User Content at any time, and for any reason. We are not obligated to accept any User Content. If we do accept User Content, We will not censor User Content based solely on political or ideological views. Our guidelines for User Content is: (i) Avoid profanities or foul language unless it is contained in a necessary quote or is relevant to the Content; (ii) Comments should be on topic; (iii) Disagreement is fine, but avoid ad-hominem attacks; (iv) spam and commercial advertisements are also not allowed; and (v) We treat threats seriously and report them to law enforcement.

9. Ownership and Use of Non-User Content.

a. Except for User Content, PJTV, its advertisers and its licensors own all right, title and interest, including all worldwide intellectual property rights in: the Site, the Content, the Services, the organization, compilation, look and feel of the Site, advertisements appearing on or linked from the Site, trademarks, service marks and logos contained on the Site and all other code, scripts, data and meta data appear on, or incidental to the storage and display of the Content and the Site, collectively referred to as “the IP.”

b. You may access and use the IP solely for your own personal use. You may not transfer, assign, sublicense, relicense this right of access and use. This right of access and use does not convey any ownership rights whatsoever.

c. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IP.

d. You are solely responsible for all activities on the Site initiated through your user name.

e. You may not sell, publish, distribute, retransmit, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the Site or otherwise exploit the Site Content and the Content.

f. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another website or service. You agree not to post any content from the Site to websites, weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

10. Third Party Links. We may provide links to third party websites or resources on the Site. You acknowledge and agree that PJTV is not responsible or liable for the availability or accuracy of, such third party sites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree that we do not endorse, we are not responsible for, and do not control those websites, services and software.

PJTV DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES INCLUDING THIRD PARTY CONTENT AND CONTENT ON THIRD PARTY LINKS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Certain other Websites may link to this Site. You may provide links to this Site from your Website as long as you do not link to this Site by any means that give visitors to your own Website the impression that you are linking to pages that are within your own Website, or that PJTV endorses your Website, sponsors your Website, or is in any way affiliated with your Website. You shall not attribute a link on your Website to this Site and then link somewhere else. Do not frame any Content or other Materials from the PJTV Site or otherwise present the Content or other Materials as your own.

11. Rules for Using the Site. The Site may be accessed and used only for lawful purposes. You agree to abide by all local, state, Federal and foreign laws, treaties and regulations that cover your use of the Site. Additionally, and without limitation, you agree to abide by the following rules while accessing or using the Site or the Services. You are prohibited from:

a. taking any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Site and the Services or the Content. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you, (b) access Materials not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) in any way use the Site or Services to send altered, deceptive or false source-identifying information (f) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services; or (g) attempt to probe, scan or test the vulnerability of any PJTV system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

b. taking action attempting to or intending to overwhelm, disrupt or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. Such prohibited conduct includes, without limitation, any efforts to: (a) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation; (b) Upload, stream, email, or otherwise transmit, via the Site or Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory 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 PJTV ; (c) Upload, stream, email, or otherwise transmit any User Submissions that contain 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; or (d) Upload, stream, email 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;

c. attempting 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 PJTV or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), or third party web search engines (such as Google, Yahoo, Ask) including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

d. collecting or storing personal data about other Members or users without their express permission;

e. impersonating or misrepresenting your affiliation with any person or entity, through pretexting or some other form of social engineering or by using any meta tags or other hidden text or metadata utilizing a Pajamas Media name, trademark, URL or product name or impersonating or representing yourself as PJTV staff or other industry professionals;

f. committing fraud;

g. logging on to the site from more than one computer at a time;

h. using the Site or Services in any manner not permitted by this Agreement or encouraging or instructing any other individual to do so;

i. allowing a third party to access The Content under your account;

j. also see Section 8 concerning submitting material to PJTV.

We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. If We become aware of any breach of this Agreement or the foregoing rules We will investigate and may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. PJTV reserves the right to terminate these Terms of Use and prohibit your access to the Site or the Services for any action that PJTV, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any other user.

PJTV reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on PJTV, and PJTV does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and PJTV is not responsible for any offensive or otherwise objectionable materials in the Materials.

These Terms of Use, and the Privacy Policy incorporated herein, and any special rules or agreements for submissions, contests or other special events to which you agree by your participation constitute the entire agreement between you and PJTV relating to your use of our Site and Services. These Terms of Use and the relationship between you and PJTV shall be governed by the laws of the State of California without regard to any conflict of law provisions in any jurisdiction.

12. Disclaimer of Warranty. You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Content. You acknowledge that none of the Materials have been independently verified or authenticated in whole or in part by PJTV, and agree that PJTV does not warrant the accuracy or timeliness of the Content and further agree that PJTV has no liability for any errors or omissions in the Content, whether provided by PJTV or its licensors. You further agree that the quality and the accessibility of the Content may be affected by your Internet Service Provider, by the computer on which you access the Content and by other factors beyond the control of PJTV . Although we require that you test your access prior to signing up, factors beyond PJTV’s control may change your ability to access the Content. As such, your sole remedy should the quality or accessibility of the Content not meet your expectations is to cancel your Membership.

PJTV, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM.

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