Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER GBTV PRODUCT OR SERVICE.

1. Introduction; General; Ownership; Prohibitions
2. Notice and Procedure for Making Claims of Copyright Infringement
3. Community Features
4. Special Terms and Conditions Applicable to Sales of Products and Services; Customer Service Contact Information
   • Price Modifications; Merchandise and Services Availability
   • Customer Service
   • Purchasing; Price; Payment
   • Sales Tax
   • Billing and Refund Policies for Certain Services
   • Refund Policies for Certain Subscription Services
   • Notifications and Other Terms and Conditions
   • Access to Services and Restrictions
5. Votes, Contests, Sweepstakes
6. Linking
7. Disclaimer of Warranties
8. Limitations on Liability
9. Indemnification
10. Termination
11. Choice of Law; Jurisdiction; Attorneys' Fees
12. Miscellaneous
13. Acceptance of Terms of Use
14. Notice for California Consumers

1. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

   MLB Advanced Media, L.P. ("MLBAM"), on behalf of GBTV, LLC (MLBAM and GBTV collectively the "Providers"), is the organization that produces the Official Website of GBTV (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by GBTV are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other GBTV controlled products or services or GBTV-operated interactive media locations, will be referred to herein collectively as the "GBTV Properties" and individually as a "GBTV Property." By using this Website or other GBTV Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the GBTV Properties.

   Except for Submitted Content (defined below), the GBTV Properties are either owned by or licensed to GBTV. The applicable owners and licensors retain all rights to the GBTV Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the GBTV Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the GBTV Properties without first obtaining the written permission of GBTV or otherwise as expressly set forth in the terms and conditions of the applicable GBTV Properties. The GBTV Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the GBTV Properties. By using this Website or the other GBTV Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.

   You must not use the GBTV Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of GBTV or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other GBTV Properties, imposes an unreasonable or disproportionately large load on this Website's or the other GBTV Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other GBTV Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, pornographic, profane, sexually explicit, indecent, inappropriate, constitutes hate speech, or which adversely affects GBTV business or is otherwise objectionable in GBTV's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, d efamatory, sexual and/or sexually implicit remarks) or impersonate management or employees of GBTV, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other GBTV Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).

   Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the GBTV Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.

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2. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

   Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), GBTV has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other GBTV Properties (the "Designated Agent"). All such notifications relating to this Website or the other GBTV Properties must be a written communication and must include the following information:

   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
   3. 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 GBTV to locate the material.
   4. Information reasonably sufficient to permit GBTV to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
   5. A statement that the complaining party has 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.
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Claims of infringement which include the above required information must be submitted to GBTV's Designated Agent as follows:

   Service Provider: GBTV, LLC
   Address of Designated Agent to Which Notification Should Be Sent:
   

   1133 Avenue of the Americas
   New York, NY 10036

   
   Phone Number of Designated Agent: 212-730-8660
   E-mail Address of Designated Agent: copyright@gbtv.com

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3. COMMUNITY FEATURES

   The GBTV Properties may offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material (collectively, the "Submitted Content") in connection with various features including, but not limited to, profiles, forums, wiki, contests, games, audio and/or video submissions, message boards, Q&A features and chat features (collectively, the "Community Features"). You are solely responsible for your Submitted Content and must use the Community Features in a responsible manner. The GBTV Properties may also offer opportunities for you to transmit messages, information, ideas, opinions, images, audio, video, creative works or other information or material via third party social networking websites and products ("Third Party Social Networking Features"). Any use of Third Party Social Networking Features, including but not limited to any Facebook "Like" button, on this Website is subject to the then current terms of use of the applicable third party website or product and not this Agreement, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.

   In order to participate in Community Features and/or certain other GBTV Properties, you may be asked to register an account by providing certain personal information such as your name and/or email address. The GBTV Privacy Policy explains how such information may be collected and used. In consideration of your use of the applicable GBTV Properties, you agree (i) to provide accurate, current and complete information about yourself as may be prompted by any registration forms ("Registration Data"); (ii) to maintain the security of your password and identification; (iii) to maintain and promptly update Registration Data, and any other information you provide to GBTV, and to keep it accurate, current and complete; (iv) not to sell, transfer or assign your account; and (v) to be fully responsible for all use of your account and for any actions that take place using your account.

   GBTV and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although GBTV and its Vendors reserve the right to do so, and neither GBTV nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and GBTV or between you and GBTV's Vendors other than as expressly set forth in this Agreement. You acknowledge that GBTV is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to GBTV under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If GBTV determines, in GBTV's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, GBTV reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other GBTV Properties; and/or (d) use any technological, legal, operational or other means available to GBTV to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other GBTV Properties.

   You are solely responsible for your interactions with other users of the GBTV Properties. You may use various features of certain Community Features, including the flag feature, to report violators.

   We reserve the right, but have no obligation, to monitor disputes between you and other users.

   By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to GBTV a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.

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4. SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION

   Via certain GBTV Properties, you can subscribe to or download audio, video, audiovisual and/or other content (collectively, "Services"). In addition, you can buy GBTV and related products and services from locations other than this Website or the other GBTV such as from the Glenn Beck Official Store located at http://glennbeck.shop.musictoday.com/ or via other third party storefronts, including, without limitation, wireless carriers, online music and/or video download and streaming sites, video game console services, third party websites, etc. (collectively, "Third Party Sales Locations"). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. GBTV EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR THIRD PARTY SALES LOCATION, THE MERCHANDISE OFFERED BY THE THIRD PARTY SALES LOCATIONS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE GBTV PROPERTIES, ANY THIRD PARTY SALES LOCATIONS OR ANY PRODUCT OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES.

   The Services and all other products offered via the GBTV Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.

   • Price Modifications; Merchandise and Services Availability

     GBTV reserves the right to modify the price of any Services or any other products offered via the GBTV Properties. GBTV is not responsible for any error in copy or images relating to Services or any other products offered via the GBTV Properties. Any offer to sell any Services or any other products offered via the GBTV Properties, may be discontinued at any time in GBTV's sole discretion.

     The Services and any other applicable products offered via the GBTV Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

   • Customer Service

     Should you have any questions about the purchase of Services via the GBTV Properties, send an e-mail to GBTV Customer Support.

   • Purchasing; Price; Payment

     In order to purchase Services or any other products via the GBTV Properties or via Third Party Sales Locations, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information and shipping address. The GBTV Privacy Policy explains how such information collected via the GBTV Properties may be collected and used by GBTV. With respect to Third Party Sales Locations, the privacy policy of any such Third Party Sales Location applies to the collection and use of your information by the operators and/or owners of such Third Party Sales Location. Your ability to purchase Services and/or any other products offered via the GBTV Properties is subject to limits established by your card issuer. You must notify GBTV immediately of any change in your credit or debit card information, including any change to your home address. GBTV may bill your credit or debit card at the time the Services or any other products offered via the GBTV Properties are ordered or fulfilled. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. GBTV may in its sole discretion decline service to or terminate any account. Neither GBTV nor any Vendor or any operator of any Third Party Sales Location is responsible, and must not be held liable, for any breaches in transaction security by any third party.

     By purchasing any Services or any other products offered via the GBTV Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of GBTV or a GBTV club or its Vendor, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."

     By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the GBTV Properties, you authorize GBTV to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).

     If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, GBTV recommends that you update it as soon as possible. Please also be aware, GBTV may acquire this current information from GBTV's financial services partner and update the information previously provided to us by you to include such revised payment information. For purposes of this Agreement, such financial services partner will be referred to as a "Vendor."

   • Sales Tax

     For certain purchases of Services or other products made via the GBTV Properties, GBTV is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the GBTV Properties are not exempt from sales or use taxes simply because they are made from the Internet or because GBTV is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether GBTV is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by GBTV and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by GBTV in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.

     For Oklahoma purchasers, applicable use tax on purchases made via the GBTV Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.

   • Billing and Refund Policies for Certain Services

     For certain Services billed on a monthly basis (e.g., GBTV, GBTV Plus) ("Monthly Services"), the term begins when you purchase and ends thirty (30) calendar days later. Your subscription will automatically renew monthly at the full monthly price applicable at the time of purchase or at the regular full monthly price, in the event your purchase was subject to a discount or special promotion, each in accordance with the terms presented to you at the time of purchase. In the event GBTV discontinues or significantly alters a Monthly Service that you have purchased with monthly automatic renewal, GBTV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Monthly Services available via the GBTV Properties. To cancel a subscription to a Monthly Service, send an e-mail to GBTV Customer Support. Cancellation will become effective as of the next monthly billing cycle following receipt.

     For certain Services billed on a yearly basis (e.g., GBTV, GBTV Plus), the term begins upon purchase and ends on the anniversary date of your purchase the following year, with one-time billing immediately following your purchase ("Yearly Services"). Your subscription will automatically renew annually on the anniversary date of your initial purchase each year at the previous year's regular full yearly price, unless GBTV discontinues or significantly alters the Yearly Service prior to the start of the applicable subscription renewal period. In the event GBTV discontinues or significantly alters a Yearly Service that you have purchased with annual automatic renewal, GBTV shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Yearly Services available via the GBTV Properties. To cancel the annual automatic renewal feature, send an e-mail to GBTV Customer Support. Cancellation will become effective as of the next annual billing cycle following receipt.

   • Refund Policies for Certain Subscription Services

     In order to provide the highest customer satisfaction possible, GBTV will refund the purchase price paid for a subscription if a refund request is made to the e-mail address or telephone number(s) provided immediately above and below within 5 days of your initial purchase or within five (5) days of any annual automatic renewal date for any Yearly Service. In no event will GBTV grant you more than one (1) refund during any given calendar year or provide partial or pro-rated refunds.

     Of course, should you wish to cancel your subscription at any time, you may send an e-mail to GBTV Customer Support. If such cancellation occurs on any date following the fifth (5th) day after your purchase date, then your cancellation will be effective as follows:

     • Any Yearly Service: Cancellation of each year after (and not including) the year during which you cancel. NOTE: Each year of your subscription concludes on the anniversary date of your initial purchase date.
     • Any Monthly Service: Cancellation of each month after (and not including) the month during which you cancel. NOTE: the first month of your subscription concludes thirty (30) days after your initial purchase date and each subsequent month thirty (30) days thereafter.
   • Notifications and Other Terms and Conditions

     By accepting this Agreement, you agree that GBTV may notify you about changes to prices and/or Services and other products by sending an e-mail message to your e-mail address on file with GBTV, and by publishing such notices from time to time on the informational page(s) of the GBTV Properties applicable to the Services. It is your responsibility to notify GBTV of any change in your e-mail address by logging in to the applicable GBTV Properties and using the online account management tool. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or GBTV Property, the terms and conditions of the applicable Service or GBTV Property will govern.

     Programming, pricing, terms and conditions of Services and other products offered via the GBTV Properties are subject to availability and change. Certain Services and other products offered via GBTV Properties other than this Website, including downloadable wireless applications, may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies, which terms may be in addition to the terms contained herein. Please refer to the terms and conditions of such Services or GBTV Properties to determine the policies applicable for such other GBTV Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, other product or GBTV Property, the terms and conditions of the applicable Service, other product or GBTV Property will govern.

   • Access to Services and Restrictions

     Subscription activation for Services and other products offered via the GBTV Properties, and subsequent ability to access Services and other products offered via the GBTV Properties, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by GBTV (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION HEREIN: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF NINETY-NINE DOLLARS AND NINETY-FIVE CENTS ($99.95). FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND GBTV RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.

     SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE GBTV PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO GBTV AS SET FORTH IN THE PREVIOUS PARAGRAPH, GBTV RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.

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5. VOTES; CONTESTS; SWEEPSTAKES

   This Website and other GBTV Properties may offer you opportunities to vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable GBTV Properties applicable to the event as well as the terms of this Agreement.

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6. LINKING

   This Website and the other GBTV Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or GBTV Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Providers of any such third party website or content. GBTV is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.

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7. DISCLAIMER OF WARRANTIES

   1. USE OF THIS WEBSITE, ALL OTHER GBTV PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
   2. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY GBTV AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER GBTV PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   3. GBTV DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER GBTV PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER GBTV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER GBTV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER GBTV PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.

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8. LIMITATIONS ON LIABILITY

   1. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE GBTV PROPERTIES OR ANY ACT OR FAILURE TO ACT BY GBTV OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
   2. IN NO EVENT SHALL GBTV BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
   3. IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER GBTV PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF GBTV IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER GBTV PROPERTIES IS $50.
   4. IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER GBTV PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.

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9. INDEMNIFICATION

   You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other GBTV Properties, any products and/or Services purchased via this Website or the other GBTV Properties; or (B) any alleged breach of this Agreement by you.

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10. TERMINATION

    GBTV may change, suspend or discontinue any aspect of this Website or the other GBTV Properties at any time, including the availability of any product, Service, feature, database or content. GBTV may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the GBTV Properties without notice or liability at any time in GBTV's exclusive discretion, without prejudice to any legal or equitable remedies available to GBTV, for any reason or purpose, including, but not limited to, conduct that GBTV believes violates this Agreement or other policies or guidelines posted on this Website or via the other GBTV Properties or conduct which GBTV believes is harmful to other customers, to GBTV's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by GBTV in its sole discretion. In addition and without prejudice to any other remedy available to GBTV, GBTV may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by GBTV in the GBTV Properties.

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11. CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES

    This Agreement will be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New York County, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. GBTV will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

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12. MISCELLANEOUS

    This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. GBTV in its sole discretion may amend this Agreement, and your use of this Website or the other GBTV Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.

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13. ACCEPTANCE OF TERMS OF USE

    BY USING THIS WEBSITE AND/OR THE OTHER GBTV PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other GBTV Properties. GBTV may change the terms of this Agreement at any time, and your use of this Website and/or the other GBTV Properties after such changes are posted will mean that you accept them.

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14. NOTICE FOR CALIFORNIA CONSUMERS

    Under California Civil Code Section 1789.3, California users of this Website and the other GBTV Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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