You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You agree there is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
1. General Use of the Services — Permissions and Restrictions
Deep Blue Cable hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Services as set forth in this Agreement, provided that:
a. You agree not to distribute in any medium any part of the Services, including but not limited to Content and User Submissions (each as defined below), without Deep Blue Cable’s prior written authorization.
b. You agree not to alter or modify any part of the Services, including but not limited to, Deep Blue Cable’s technologies.
c. You agree not to access User Submissions (defined below) or Content (defined below) through any technology or means other than any as authorized by this Agreement or a written agreement between you and Deep Blue Cable.
d. You agree not to use the Services for any commercial use without the prior written authorization of Deep Blue Cable. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Deep Blue Cable’s express approval:
i. Sale of access to the Services or Content via another website or medium (such as a mobile application);
ii. Use of the Services or Content for the purpose of gaining advertising or subscription revenue;
iii. The sale of advertising, on the Services or any third-party website, targeted to the content of specific User Submissions or the Content;
iv. Any use of the Services, Content, or User Submissions that Deep Blue Cable finds, in its sole discretion, has the effect of competing with or displacing the market for the Services, Content, or User Submissions.
e. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Deep Blue Cable servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Deep Blue Cable grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Deep Blue Cable reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their User Submissions.
f. You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
g. You agree not to impersonate any person or organization.
h. You agree not to harass any other user.
i. Deep Blue Cable reserves the right to discontinue any aspect of the Services at any time.
2. Your Use of Content on the Services
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Services.
a. The content on the Services, except all User Submissions, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Deep Blue Cable, subject to copyright and other intellectual property rights under the law. Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Deep Blue Cable reserves all rights not expressly granted in and to the Services and the Content.
b. You may access User Submissions solely:
i. For your information and personal use in accordance with this Agreement; and
ii. As intended through the normal functionality of the Services.
c. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Services. User comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Services or otherwise as expressly authorized under this Agreement.
d. You may access Content, User Submissions, and other content only as permitted under this Agreement. Deep Blue Cable reserves all rights not expressly granted in and to the Content and the Services.
e. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein.
f. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
g. You understand that when using the Services, you will be exposed to User Submissions from a variety of sources, and that Deep Blue Cable is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Deep Blue Cable with respect thereto, and agree to indemnify and hold Deep Blue Cable, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
3. Your User Submissions and Conduct
a. You may submit comments, information, text, link, graphics, photos, videos, or other materials or arrangements of materials posted, uploaded, downloaded, or appearing on Deep Blue Cable (collectively referred to as “User Submissions”) to Deep Blue Cable . You understand that whether or not such User Submissions are published, Deep Blue Cable does not guarantee any confidentiality with respect to any User Submissions.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Deep Blue Cable to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Services and this Agreement.
c. You retain ownership of all copyrights you may have in your User Submissions. However, you grant Deep Blue Cable a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Deep Blue Cable to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any User Submissions posted by you to Deep Blue Cable.
d. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Deep Blue Cable all of the license rights granted herein.
e. You agree that your conduct on the Services will comport with the terms of this Agreement.
f. Deep Blue Cable does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Deep Blue Cable expressly disclaims any and all liability in connection with User Submissions. Deep Blue Cable does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Deep Blue Cable will remove all Content and User Submissions if properly notified in a manner consistent with law and Deep Blue Cable’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. Deep Blue Cable reserves the right to remove Content and User Submissions without prior notice.
g. If you provide feedback to us regarding the Services, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
4. Copyright Infringement
a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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;
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 the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement 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 owner of an exclusive right that is allegedly infringed. Deep Blue Cable’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: [email protected].
You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
If a counter-notice is received by the Copyright Agent, Deep Blue Cable may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Deep Blue Cable’s sole discretion.
c. Repeat Infringers. Deep Blue Cable will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
5. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES OR THE GOODS, PRODUCTS, AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SERVICES, CONTENT, USER SUBMISSIONS, AND ANY GOODS, PRODUCTS, OR SERVICES AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND Deep Blue Cable, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Deep Blue Cable MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND THE GOODS, PRODUCTS, AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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. Deep Blue Cable DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY GOOD, PRODUCT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Deep Blue Cable WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A GOOD, PRODUCT, OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL Deep Blue Cable, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, USER SUBMISSIONS OR THE GOODS, PRODUCTS, AND SERVICES AVAILABLE ON THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF Deep Blue Cable, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY Deep Blue Cable FROM YOU TO ACCESS THE SERVICES AND/OR USE THE SERVICES. IF YOUR USE OF THE SERVICES AND/OR ANY GOODS, PRODUCTS, AND SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7. Indemnity
You agree to defend, indemnify and hold harmless Deep Blue Cable, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to Deep Blue Cable. This defense and indemnification obligation will survive this Agreement and your termination of use of the Services.
8. Termination Policy
a. You may terminate your use of the Services at any time. Deep Blue Cable may terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. If Deep Blue Cable suspects that you have violated any provision of this Agreement, Deep Blue Cable may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
b. Deep Blue Cable reserves the right to decide whether Content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Deep Blue Cable may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
9. Third-Party Sites
The Services may contain links to third-party websites that are not owned or controlled by Deep Blue Cable. Deep Blue Cable has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Deep Blue Cable will not and cannot censor or edit the content of any third-party site. By using the SERVICES, you expressly relieve Deep Blue Cable from any and all liability arising from your use of any third-party website.
10. Notice Regarding Electronic Payment Vendors
Users should be aware some payments or other electronic payment vendors. Deep Blue Cable may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, then we encourage you to check the policies of the applicable vendor.
You relationship with the electronic payment vendors is separate from your relationship with Deep Blue Cable and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Deep Blue Cable is not responsible for the actions or omissions of any third party payment processor.
11. Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Deep Blue Cable without any compensation or credit to you whatsoever. Deep Blue Cable and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
12. Promotions
Deep Blue Cable may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
13. Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
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