Terms Of Service
Last Revised: 8-12-19
1. AGREEMENT TO TERMS:
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. THESE TERMS APPLY TO AVIATE TV INTERNET WEBSITE, MOBILE SITE, APPS AND ANY OTHER MEDIA BY WHICH AVIATE TV IS ACCESSED (“WEBSITE”). THE WEBSITE IS OWNED BY HOT IN HERE, INC. (“AVIATE TV”). BY ACCESSING, VIEWING AND/OR USING AVIATE TV (“WEBSITE”) YOU ARE AGREEING TO BE BOUND BY THESE TERMS AS OF THE DATE OF ACCESS, VIEWING, OR USE (ALL SUCH ACTIVITIES REFERRED TO AS “USE”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE WEBSITE. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to agree to and comply with these Terms and use the Website.
AVIATE TV reserves the right to modify the Terms by posting a notice of changes, or by posting revised Terms. AVIATE TV will also alert you to the modification by indicating on the top of these Terms the date it was last revised (i.e., following the words “Last Revised”). The Terms, modified or otherwise, are effective upon posting unless otherwise stated. Your use of the Website following the posting of any Terms constitutes your acceptance of the Terms posted at the time of your use. AVIATE TV encourages you to review the Terms whenever you visit the Website to make sure that you understand and agree with the then-current Terms.
2. PERMITTED USE AND PROHIBITED USE IN GENERAL.
AVIATE TV hereby grants you limited permission to use the Website so long as AVIATE TV provides you with access to the Website, and solely for your personal, non-commercial use, and only for the purposes of viewing or playing content available on the Website. For the avoidance of doubt, AVIATE TV is not giving you any rights or license with respect to any aspect of the Website, all rights being held by AVIATE TV, unless otherwise expressly stated by AVIATE TV to the contrary in connection with a specifically identified portion function of the Website. In the event of any ambiguity, ownership and all associated rights shall rest with AVIATE TV.
AVIATE TV reserves the right, in its sole and absolute discretion, to block and/or refuse to allow use of the Website by one or more users, including you, at any time and for any reason. Without limiting the foregoing, AVIATE TV specifically prohibits the use of the Website for any purpose deemed improper by AVIATE TV. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Website without AVIATE TV prior written authorization; (ii) use of the Website to transmit or attempt to transmit advertisements without AVIATE TV prior written authorization; (iii) use of the Website to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Website to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by AVIATE TV or other users; (v) disruption of servers or networks connected to the Website; and (vi) of use that is not in compliance with these terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Website any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Website.
You shall not collect or store personal data about other users. You acknowledge that AVIATE TV does not pre-screen content posted by you or other users, but that AVIATE TV retains the right (but not the obligation) in our sole discretion to refuse or remove any content, accounts or users. AVIATE TV shall not be deemed to have assumed responsibility for any such content as a result of AVIATE TV exercising its right to remove same. You agree that AVIATE TV has no liability or responsibility for the storage or deletion of any content that you or any other users submit.
AVIATE TV may modify or discontinue the Website or any part thereof, or any practices with respect thereto, without notice to you, and you understand that AVIATE TV shall not be liable for any modification, suspension, or discontinuance of the Website or any part thereof.
3. WEBSITE NOT INTENDED FOR MINORS; PARENTAL SUPERVISION IS REQUIRED.
Please note that because users can post Content through the Website without AVIATE TV approval or review, some content may be considered inappropriate and harmful to minors. In order to protect minors from such content, you can retain a third party service provider to block inappropriate content from your computer and/or browser. AVIATE TV does not and cannot endorse the quality and capabilities of such services. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site.
4. INTELLECTUAL PROPERTY.
Except as otherwise provided herein, all intellectual and/or other proprietary rights, including but not limited to all trademarks, copyright and other material, in or disclosed on, or accessible through, the Website is, as between you and AVIATE TV, owned by AVIATE TV. Any copying of such content other than for your own personal, non-commercial use, non-public use, without written permission from AVIATE TV, is strictly prohibited.
You will not use any content, any derivation thereof, the names “AVIATE TV”, “Hot in Here, Inc.” or any other trademark of AVIATE TV; or any derivations thereof (the “Trademarks”) in any advertising/marketing materials or permit disclosure in any communication in any manner whatsoever. Without AVIATE TV consent, with respect to any content, information or material on the Website or any AVIATE TV platform, you shall not: (i) sublicense, publish, transmit, transfer, sell, reproduce, distribute, display, alter or in any way exploit the content; (ii) combine, mix or integrate the content with other information; (iii) use or actively market the content, other than use for internal purposes; or (iv) distribute the content or any portion thereof.
5. INFRINGEMENT CLAIMS.
AVIATE TV respects the intellectual property rights of others. It is our strict policy to never knowingly work in association with any infringing entity’s unlawful use of a lawful trademark or lawful copyright.
Any notices of believed infringement may be sent to the agent identified below. In accordance with 17 U.S.C. § 512, the notice you send must identify:
A physical or electronic signature of the copyright owner or person authorized to act;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing;
Your contact information;
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;
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.
Notice of copyright infringement claims may be submitted via the “contact us” form accessible here http://www. aviatetv.com/page/contact.
6. ACCOUNT CREATION AND USE; ADDITIONAL USER OBLIGATIONS.
In order to access some features of the Website, you may have to create an account. Any such account is the property of and can be terminated at any time at AVIATE TV sole discretion. All of these Terms apply to your account and your use of your account, in addition to any specific terms or conditions that you are required to agree to in connection with establishing your account. When creating your account or otherwise submitting information to AVIATE TV, you will provide and you represent and warrant that all such information is accurate, true and complete. In addition, you agree to update that information in order to maintain its truth, accuracy and completeness. We may deny you access to the Site or reject your order in the event that your information is untrue, inaccurate or incomplete. Unless you cannot remember your username and/or password, you may only register once for use of the Site.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Only the identified account holder is authorized to use the respective account. You must notify AVIATE TV immediately of any breach of security or unauthorized use of your account. You will be solely liable for any use made of your account or password and the losses of AVIATE TV or any other persons or entities damaged due to such use, whether or not authorized by you, and regardless of whether AVIATE TV is found to have any partial responsibility for the cause of such losses or damage. Without limitations as to other restrictions identified herein, you shall not create a user name or account name, or use your account in a way, that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
You acknowledge and agree that by submitting content to the Website, in addition to the other Terms herein, you automatically grant AVIATE TV, and its successors, assigns, licensees, parent, subsidiary and other affiliated entities, an exclusive, fully-paid, world-wide, royalty-free license to publicly display, publicly perform, distribute, and reproduce any and all content submitted by you in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. BY SUBMITTING CONTENT OR OTHER MATERIAL TO AVIATE TV, YOU ARE RELEASING AND WAIVING ANY AND ALL RIGHTS TO SAME, WHETHER UNDER INTELLECTUAL PROPERTY, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR ANY OTHER LEGAL THEORY, AND RELEASE AND WAIVE ANY AND ALL RIGHT OF ACCESS TO SUCH CONTENT OR OTHER MATERIAL. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADEQUATELY COMPENSATED FOR ANY SUCH CONTENT OR OTHER MATERIAL, INCLUDING, AMONG OTHER REASONS, BY VIRTUE OF BEING PERMITTED TO SUBMIT SUCH CONTENT OR MATERIAL TO THE WEBSITE AND HAVE ACCESS TO ITS LARGE AUDIENCE THEREBY, EVEN IF ONLY BRIEFLY.
7. AUTOMATED AND OTHER ACCESS RESTRICTIONS.
You agree not to use or launch any automated access system to use the Website, including without limitation, “robots,” “spiders,” and “offline readers.” AVIATE TV prohibits commercial caching or archival of the Website or any portion thereof. You agree not to collect or harvest any personally identifiable information of any person other than yourself, including account names or e-mail addresses from the Website, and further agree not to use the communication systems provided by the Website for any commercial solicitation purposes, whether directed broadly or to any specific user. For the avoidance of doubt, AVIATE TV has the right to terminate your account with or any other access to the Website, in its sole and absolute discretion, immediately and with or without cause.
8. THIRD-PARTY AND USER CONTENT, WEBSITES, AND LINKS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO EVENT SHALL AVIATE TV (OR ANY OF AVIATE TV PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AVIATE TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, WHETHER BASED ON CONTENT ACCESSIBLE THROUGH AVIATE TV OR OTHERWISE.
9. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO EVENT SHALL HANGER TALKS (OR ANY OF HANGER TALKS’S PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT; AND/OR (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN OR REASONABLY FORESEEABLE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HANGER TALKS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, WHETHER BASED ON CONTENT ACCESSIBLE THROUGH HANGER TALKS OR OTHERWISE.
10. INDEMNITY BY YOU OF HANGER TALKS
To the fullest extent permitted by law, You agree to hold harmless, defend, and indemnify AVIATE TV, its parents, subsidiaries, affiliates, successors and assigns, officers, directors, shareholders, and/or employees, from all liabilities, claims, demands and expenses, including attorneys’ fees (which will be due as they are incurred), that results or arise from your use of the Website, including your submission of any information, content or material to the Website, or your sharing and/or linking to the Website, whether with or without AVIATE TV’s knowledge or consent. AVIATE TV shall have the right, in connection with your indemnity obligations, to choose counsel for its defense, at your cost, and AVIATE TV may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event
These Terms are assignable and transferable, along with all rights you have granted to AVIATE TV hereby, by AVIATE TV without restriction. You have no rights assignable under these Terms or in connection with your use of the Website, but to the extent it were to be interpreted by law otherwise, and further with respect to your obligations herein, you may not assign or transfer any of the foregoing without AVIATE TV’s prior written consent.
12. DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, AVIATE TV DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER AVIATE TV NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS/THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING.
AVIATE TV AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE AVIATE TV AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF AVIATE TV OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
AVIATE TV MAKES NO CLAIM THAT THE SITE OR CONTENT APPEARING THEREON ARE APPROPRIATE OR MAY LEGALLY BE ACCESSED FROM OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES AND IN ANY SUCH CASE ACCESS IS PROHIBITED BY AVIATE TV
YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION.
SOME JURISDICTIONS MAY LIMIT TO EXTENT TO WHICH WARRANTIES MAY BE DISCLAIMED OR MAY OTHERWISE LIMIT ENFORCEMENT OF THESE TERMS AND TO SUCH EXTENT, AND ONLY TO SUCH EXTENT, THE PROHIBITED PROVISIONS SHALL BE DEEMED REMOVED AND THE REMAINING PROVISIONS ENFORCEABLE.
13. ASSUMPTION AND RISKS.
YOU ASSUME ALL RISKS THAT THE WEBSITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND ALL RISKS THAT SERVICE WILL NOT BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY VIEWING THIS WEBSITE, READING COMMENTS BY OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED TO THIS WEBSITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE WEBSITE.
14. HANGER TALKS WRITER TOOL.
AVIATE TV is presently offering an opportunity for users to submit articles and related or included photographs, music, videos, interviews, news content, software, and any other Writer-generated information (“Articles”) for consideration for publication on the AVIATE TV Website using the “AVIATE TV Writer Tool.” The Writer Tool is being provided at the sole and absolute discretion of AVIATE TV, and may be terminated at any time without prior notice to you, or to any individual user who has submitted an article (a “Submitter”).
The determination of whether or not to publish articles submitted through the AVIATE TV Writer Tool is entirely within the discretion of AVIATE TV, which may choose to publish or not publish any material for any reason or no reason.
By submitting Articles to the Web Site, you grant AVIATE TV a worldwide, non-exclusive, perpetual, royalty free, irrevocable, fully transferable license to the Article (the “Article License”). The Article License includes an unlimited right to AVIATE TV to use, in any manner whatsoever, including commercial, parody, or otherwise, all rights relating to the Article, including but not limited to: (i) copyrights; (ii) rights to reproduce, display, perform, sell and distribute the Article or copies thereof, in whole or in part, in any form or medium whatsoever, now known or later discovered including, without limitation, in connection with any AVIATE TV content distribution mechanism, whether this Website or another site, social media or other media platforms,, mobile, media or method; (iii) moral rights, rights to decide whether and in what manner the Article or any portion thereof shall be published, advertised, publicized, performed or exploited, including but not limited to in matters which may be considered by the Writer to be derogatory, comical, unflattering or otherwise inconsistent with the Writers preferences; (iv) rights to create derivative works and alter, expand, adapt, modify and make any arrangements of the Article; and (v) all rights to enforce, and to seek and secure any statutory protections, as to the Article, including the collection of damages. All of the foregoing rights are included within the Article License and are irrevocable.
Consideration. You, as the Writer, acknowledge and agree that the consideration being provided to you in exchange for the Article License and for all other rights granted to AVIATE TV under these Terms, is the opportunity for you, the Writer, to have your article considered for publication on the AVIATE TV Website, even if your article is not ultimately selected for publication. You recognize and agree that AVIATE TV effort in reviewing article submissions, including yours, and determining whether or not to publish such articles, in addition to the possible publication of such articles, is fair and just compensation for the rights granted to AVIATE TV herein. You acknowledge and agree that you will not be entitled to any financial compensation of any kind, and that the consideration described herein is fair and sufficient for the rights you are giving. IF YOU DO NOT AGREE WITH ANY OF THE FOREGOING, OR ANY OF THE TERMS HEREIN, DO NOT SUBMIT YOUR ARTICLE THROUGH THE WRITER TOOL.
Access, Termination and Removal of Article. Reserves the right to restrict, refuse or terminate access to any Article without notice, at any time, and for any reason whatsoever at its sole discretion. The removal of any Article from the Website or other AVIATE TV platform, whether temporarily or permanently, shall not modify or alter the Terms or the Article License.
Representations and Warranties. With respect to any Article you submit to the Website, you warrant and represent to AVIATE TV that: (i) the Article is an original work, that you own and control the Article, and all portions thereof, and all associated intellectual property rights, throughout the world, and you have the full and exclusive right and authority to grant the rights to AVIATE TV herein contained; (ii) you have no contractual commitments which will or might interfere or conflict with your ability to grant the rights to AVIATE TV herein contained; (iii) the User Content and all components thereof, do not and will not defame or infringe upon or violate any rights of privacy, publicity or otherwise of any person or entity; and (iv) you will indemnify and hold AVIATE TV harmless from any loss or damage that AVIATE TV may suffer as a result of the breach of any of the foregoing warranties and representations, including payment of attorney’s fees as incurred, with AVIATE TV having the exclusive right to control such defense including selecting counsel, all at your expense.
15. CHOICE OF LAW AND FORUM.
These terms and your use of the website will be governed by the law of the state of New York. Any claims arising from your use of the website or these terms shall be subject to the exclusive jurisdiction of the federal or state courts, as applicable, in the State of New York, New York County.
AVIATE TV may collect non-personally identifiable information regarding your visit to the Website. AVIATE TV may utilize third party software to collect this information and reserves the right to change its data collection methods, providers and/or software, at any time in its sole discretion.
What Personal Information We Collect
AVIATE TV may also collect Personal Information about you. By “Personal Information”, we mean information that can be used to identify a specific individual. This may include “cookies”. Cookies are collected through our “Tracking Technologies” described below. Other Personal Information is what you provide to us when registering for a service or purchasing a product.
By using the Website and providing any information to us, you are acknowledging that the Website is not a secure site and that data transmissions via email, upload through a network or on Website forms are inherently insecure. We will not intentionally disclose your Personal Information, but we cannot control and will not be liable interference by third-parties. You agree not to provide any information through the Website or email that you would not want shared with others.