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powerTV Media, LLC
41558 Eastman Drive, Suite C
Murrieta, CA 92562

P / 951.677.2626
F / 951.677.2627


This document covers important information regarding the Terms of Service agreement (ÒTOSÓ) that a powerTV Partner Channel must agree to. You must read this entire agreement. It governs the relationship between powerTV Media, LLC. and your use of the powerTV video platform. Failure to comply with the terms of service agreement as detailed here can result in the termination of your use of the powerTV service, and/or may result in exposing you to potential liability.

In order to launch, operate, moderate, own, or control, a powerTV affiliate channel (ÒPartner ChannelÓ), you must agree to the TOS agreement as detailed below. powerTV offers Free Service (ÒFree ServiceÓ) and Enhanced Service (ÒEnhanced ServiceÓ) service levels. This agreement applies equally to both service levels, however certain terms may apply to only Free Service or Enhanced Service. Those terms are clearly designated as such.

For the purposes of this Agreement, powerTVÕs video platform, video player, video uploader, video technology, video engine, video management system, video syndication technology, design and/or style, and/or other proprietary video or social media technologies, software and/or user processes and methods shall be defined as ÒpowerTV ServicesÓ.

Acceptance of Terms

powerTV provides powerTV Services to you in consideration of your agreement to the following TOS. Your use of powerTV, the powerTV network, or the powerTV affiliate program indicates your choice, and that of your users, vendors, administrators, moderators, and other individuals, to comply with the TOS outlined herein. Your continued use of powerTV Services indicate your agreement with any revised TOS. powerTV reserves to modify, change, adjust, add, or remove portions of this TOS at any time. The TOS shall be publicly available at all times on the powerTV web site.

TOS Updates

The TOS shall be updated from time to time and the latest update will be available on the powerTV web sites. Using the powerTV video technology, powerTV web sites, power TV network, and/or your powerTV Parter Channel reflects your continued agreement to the TOS and any revisions which has been made. Revisions shall be posted on the public support forum and web site for your review.

Definition of powerTV

powerTV is an online video sharing platform which allows channel owners (ÒChannel OwnersÓ) to create their own video channel (ÒPartner Channel(s)Ó) using the powerTV video application. These Video Channels serve online video from the Channel Owners custom-branded URL location. Users on the internet can watch, upload, and share video on any powerTV Video Channel. PowerTV provides many Services for Channel Owners including video hosting and optimized flash video delivery, automatic flash encoding, video management tools, channel management tools, and other social media and social networking features. powerTV controls and manages the video technology, powerTV video platform, and powerTV software. Channel Owners maintain and operate each channel independently as third-party affiliates of powerTV.

Children Under 18

If you are a child under the age of 18, you should not create a Partner Channel. powerTVÕs TOS does require you to be older than 18, however we have no way of determining the ages of viewers or users who access powerTV, the powerTV network, or powerTV web site affiliates.

Privacy Policy

The powerTV Privacy Policy is subject to, and a component of, the powerTV TOS. Your use of powerTV shall be governed by the terms of this Privacy Policy and TOS. Any personally identifiable information we collect via the powerTV web sites, powerTV network, and powerTV affiliates, will be subject to these agreements and terms.

Content

You assume all responsibility for moderating, reviewing, and approving content uploaded or entered by your Users, Moderators, or Administrators. You are responsible to delete content which you believe is copyrighted or offensive. You have full legal responsibility for all content on your channel. When a video is uploaded, you, your moderators, or your designated representative must review that content within 24 hours and make a decisive decision based on the content. powerTV is not liable for video content uploaded. Your review and response to flagged Copyrighted content must be consistent with the DMCA. You must notify powerTV immediately if you have received a DMCA-related complaint.

Content Guidelines

Copyrighted, trademarked, innappropraite, adult, pornographic, significantly offensive, and indecent material violates the TOS. You are responsible for maintaining your channel and moderating these types of content from your channel. Should this become a consistent problem, your Channel or powerTV Services could be suspended or cancelled.

Content Ownership

All content (defined, but not limited to, videos, descriptions, text, icons, tags, photos, and thumbnails) uploaded to a powerTV Video Channel and to the powerTV Video Network is the property of the creator of that content. Users, Channel Owners, Administrators, or Moderators are permitted by the TOS to upload any content which they own, content which they have express written permission to upload, and content in the Public Domain. The uploader grants the powerTV Partner Channel, as well as powerTV, a transferable license to use, distribute, display, broadcast, reproduce, and modify the content for any use, in any medium, or media, as powerTV sees fit. This non-exclusive license is royalty-free and worldwideÑand applicable in any media channels, formats, or uses.

Risk and Responsibility for Content - Channel Owners

You assume all risk and responsibility for the content on your Video Channel. You must ensure that your Users, Moderators, Administrators, and/or any other individual on your powerTV Video Channel shall comply with the powerTV TOS and Copyright Guidelines, and upload only legal content which is permitted in accordance with this TOS.

PowerTV Limitation of Liability

PowerTV is not liable for the content uploaded and distributed on your Video Channel; whether uploaded by you, your Users, Moderators, Administrators, or other Users. You agree that you are responsible for the liability that may arise from content posted by you, your Users, Moderators, Administrators, or other Users. This includes content which may violate powerTVÕs TOS, copyright laws, patent laws, pornography laws, trademark laws, libel laws, privacy laws, or other content which may cause liability. powerTV is not liable for any suits arising out of such content on your Video Channel; and further, you agree to indemnify, and hold harmless, powerTV of any suits arising out of such uploaded content. You shall, at your sole cost and expense, defend powerTV, itÕs affiliates, partners, agents, employees, licensees, and representatives against suit, claim, judgment, action and/or proceeding brought against powerTV, itÕs affiliates, partners, agents, employees, licensees, and representatives, to the degree the said suit, claim, judgment, and/or proceeding arises out of your content, your use of powerTV Services, your violation (or that of your users) of this TOS, and/or other relation violation or illegal act related to powerTV Services.

Server & Service Uptime

powerTV shall make every effort to maintain the powerTV Services at all times in good working order. However, powerTV shall reserve the right to interrupt powerTV services for maintenance, modification, or updating. PowerTV cannot provide a warranty, either express or implied, that powerTV Services shall be error free or not interrupted. If the powerTV Services are substantially interupted for a period of more than three (3) consecutive days in a single month, and you are a Free Service channel, we shall provide no remedy or recourse, for any situation. If the powerTV Services are substantially interupted for a period of more than three (3) consecutive days in a single month, and you are an Enhanced Service Channel, we shall provide you a refund equal to a single month of service. PowerTVÕs total aggregate liability under this section (to the fullest extent permitted by law) shall not under any circumstances exceed the payments actually received by powerTV from Partner Channel.

Cancellation Policies

You are free to cancel your powerTV Channel at any time. At your written request, your Flash Video files (.FLV) as well as your userÕs e-mail addresses will be returned to you on DVD or via download on an FTP directory. Within one (1) month all of your Partner Channel videos will be deleted from the powerTV database. Video data, including views, comments, and descriptions are housed within the proprietary powerTV database structure and will be deleted.

Service Conversion

You may request conversion from Free Service to Enhanced Service or back at any time. However, conversion may take up to sixty (60 days in consideration of existing Advertising Agreements which may exist between powerTV and powerTV advertising partners. You may request conversion from Enhanced Service to Free Service at any time. Conversion from Enhanced Service to Free Service will occur within (60) days of notification. You may only switch service types a single time in one (1) calendar year.

Termination of Services

PowerTV reserves the right to remove, deactivate, take down, temporarily pause, or cancel Services to any powerTV Channel at any time for any reason, at powerTVÕs sole discretion.

Free Service Agreement, Addendum

As part of this TOS, if you are a Free Service Channel, you additionally agree to the following:

  1. You, your Users, Moderators, Admins, and/or other Users will comply with the powerTV TOS, Privacy Policy, and related agreements.
  2. You will setup and utilize the powerTV VideoBot Posting Robot if your web site forum or community uses a compatible forum software.
  3. You will respond and react in accordance with TOS if notified of flagged content.
  4. You will provide a permanent ÒVideoÓ or ÒTelevisionÓ link to your video channel in your main navigation menu.
  5. You will allow powerTV to post a reasonable quantity of messages on your message forum related to powerTV community news, videos, and services.
  6. You will not deploy any ad banners, rich media ads, TV commercials or other advertising. You may not deploy banner advertising in your header graphic.
  7. You may sell a single sponsorship to your Video Channel which consists of logo/graphic represenation in your HTML header graphics only.
  8. You agree that in order to provide you the powerTV Services at no cost, powerTV can place advertisements and sponsored videos unto your powerTV Video Channel. These advertisements and sponsored videos may not be removed and are solely controlled by powerTV.
  9. You may deploy advertising for your own web site and services (i.e., website promotion, memberships, magazine subscriptions, DVD sales, etc.) in your header graphic, RSS feeds, and in uploaded videos.
  10. You must utilize a single powerTV RSS Feed (ÔpowerTV NewsÕ) in your PowerTV Channel, although you are free to choose your second RSS Feed.
  11. You may offer or sell sponsorships within your video content, or offer paid video editorial exposure for potential advertisers or sponsors within your video. You may not broadcast TV commercials within your video player.
  12. You agree that powerTV will provide you with the powerTV Services which will allow you to launch a powerTV Partner Channel
  13. You agree that powerTV will provide your channel use of a powerTV media video server, the Flash 8 encoding technology, and pay for all storage, bandwidth, and support costs.
  14. You agree that powerTV will provide customer service and technical support.
  15. You agree that powerTV will provide application updates, server updates, and function upgrades.
  16. You agree that powerTV will allow you to post a reasonable number of messages on the powerTV forums related to your websites and community activities, news or press releases.
  17. You agree that powerTV will pay you a percentage of the advertising revenue, or sponsored video distribution revenue, or a payment of other nature based on video traffic or video views, that we collect based on the powerTV revenue sharing agreement, which you may be eligible for.

Enhanced Service Agreement

As part of this TOS, if you are an Enhanced Service Channel, you additionally agree to the following:

  1. You, your Users, Moderators, Admins, and/or other Users will comply with the powerTV TOS, Privacy Policy, and related agreements.
  2. You will pay a fee to powerTV in accordance with your powerTV Enhanced Service Agreement for the use of the powerTV Services and well as any applicable bandwidth charges based on a per cent video bandwidth charge. This fee was disclosed to you when you originally signed up, although it may be changed from time to time at powerTVÓs discretion.
  3. You will respond and react in accordance with TOS if notified of flagged content.
  4. Your moderators will follow powerTVÕs acceptable content policy, covering acceptable videos broadcast on the channel, as well as content in your users profiles, comments, descriptions, keywords and/or other area.
  5. You agree that powerTV will provide you with the powerTV Services which will allow you to launch a powerTV Partner Channel
  6. You agree that powerTV will provide your channel use of a powerTV media video server, the Flash 8 encoding technology, and pay for all storage, bandwidth, and support costs.
  7. You agree that powerTV will provide initial customer service and technical support.
  8. You agree that powerTV will provide application updates, server updates, and function upgrades.
  9. powerTV will allow you to post a reasonable number of messages on the powerTV forums related to your websites and community activities, news or press releases.
  10. You agree that powerTV shall have the right to prohibit certain types of advertising to be broadcast on an Enhanced powerTV channel, including inappropriate or offensive ads.

Billing

Enhanced Channel Billing is done automatically via credit card, on a monthly basis. You agree to authorize these transactions which are billed in accordance with the standard powerTV enhanced channel rates. Should powerTV not have a valid credit card on file, you will be required to provide a credit card for billing purposes, as well as pay any outstanding invoices within 30 days.

Importing User Data into powerTV

In the future, powerTVÕs software will permit the importing of powerTV Partner Channel web site user and customer data into the powerTV database. The powerTV Privacy Policy extends to this imported user data. This user data will become part of the powerTV web site and powerTV network database, however it will not be sold, transferred, or used for marketing or commercial purposes, without direct consent. By importing this data into powerTV, you warranty that you own the rights to this data, and that is has been collected lawfully on a voluntary, opt-in, basis. We reserve the right to send non-commercial messages to this database, including service announcements, powerTV technical updates, and other news-based communication.

Your Account, Security, and Password

As a Partner Channel owner, you have a account, user name and a secure password. You are solely responsible for maintaining the confidentiality of this account, user name, and password. You are fully responsible for all activities which occur under your User Account. If you have lost your password, or believe that your user name or account have been used without your authorization, you must immediately notify powerTV and we shall reset your password.

Ownership of powerTV Services

You acknowledge that powerTV is the exclusive provider of the powerTV Services and the exclusive owner of all right, title and interest in and to the powerTV Services, including without limitation, powerTV Technology and any derivatives, improvements, enhancements or extensions of powerTV Technology conceived, reduced to practice or otherwise developed by either Party, all of which are valuable assets of powerTV. Except as specifically provided herein and in any Appendix hereto, this Agreement shall not transfer to Customer any right, title or interest in the Services or powerTV Technology or in any copyright, patent or trademark or other intellectual property right, or federal or state right pertaining thereto. Customer shall take, at powerTVÕs expense, such action (including, without limitation, execution of affidavits and other documents) as powerTV may reasonably request to effect, perfect or confirm powerTVÕs ownership interests and other rights as set forth.

Privacy Policy Ð Legal Requests

PowerTV is legally obligated to respond to court orders, legal process, and subpoenas. In additional, we reserve the right to utilize user data if necessary to exercise or establish our legal rights, or to defend powerTV Media against legal claims. In cases where we believe there may be illegal activity, physical or safety threats, violations of terms of service, or fraud, we reserve the rights to share user information to research such activity, as permitted by law.