March 15, 2012.
AGREEMENT BETWEEN “USER” or “YOU” AND “Milpitas.TV” or “WE” “US”
Milpitas.TV is offered to you conditioned on your acceptance without changing the terms, conditions. Your use of Milpitas.TV constitutes your agreement to all terms, conditions, and notices. When you create an account at Milpitas.TV, you accept these terms and conditions.
LINKS TO THIRD PARTY SITES
Milpitas.TV may contain links to other Web Sites (“Linked Sites”). These Linked Sites are not under the control of Milpitas.TV
Milpitas.TV is not responsible for webcasting or any other form of transmission received from any Linked Site. Milpitas.TV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by “A and H Strategy, LLC” of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Milpitas.TV Web Site, you warrant to “A and H Strategy, LLC”. that you will not use Milpitas.TV for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Milpitas.TV in any manner which could damage, disable, overburden, or impair Milpitas.TV or interfere with any other party’s use and enjoyment of Milpitas.TV. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through “A and H Strategy”.
USER CONDUCT
Milpitas.TV reserves the right, but does not assume the responsibility, to monitor or review your conduct on Milpitas.TV. Your use of Milpitas.TV is subject to all applicable local, state, national and international laws and regulations.
In using Milpitas.TV you agree not to:
Post, transmit, or otherwise make available, through or in connection with Milpitas.TV:
Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another’s privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme”, survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of Milpitas.TV or the servers or networks used to make Milpitas.TV available; or violate any requirements, procedures, policies or regulations of such networks.
Use Milpitas.TV to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Milpitas.TV in a commercial manner.
Attempt to gain unauthorized access to Milpitas.TV, other accounts, computer systems or networks connected to Milpitas.TV, through password mining or any other means.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or Materials from Milpitas.TV or reproduce or circumvent the navigational structure or presentation of Milpitas.TV.
Engage in any other conduct which, in A and H Strategy’s sole discretion, is considered inappropriate, unauthorized or objectionable.
NO SPAMMING
You agree not use any feature of Milpitas.TV for chain letters, junk mail, or “Spamming” nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“Spam” or “Spamming”) is strictly prohibited by Milpitas.TV . If you use any feature of Milpitas.TV for the purpose of sending Spam, your right to use “A and H Strategy” immediately terminates and “A and H Strategy” reserves the right to seek appropriate legal recourse, as necessary. You agree that “A and H Strategy” may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes “Spamming,” including removal of any contact information related thereto. If you believe that other users are using Milpitas.TV for Spam, please notify Milpitas.TV using the Feedback/Support link at the bottom of our page, or by emailing Milpitas.TV at info@Milpitas.TV . Please note that by posting a public event you are consenting to receive, and authorizing Milpitas.TV to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
USE OF COMMUNICATION SERVICES
Milpitas.TV is using and offering communication services offered by Punchbowl Inc. This terms of use will be modified continuously according to changes at Punchbowl Inc.’s Terms and Conditions
Milpitas.TV may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Milpitas.TV has no obligation to monitor the Communication Services.
However, Milpitas.TV reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Milpitas.TV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. “A and H Strategy, LLC” reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Milpitas.TV’s sole discretion.
“A and H Strategy, LLC” does not claim ownership of the materials you provide to “A and H Strategy, LLC” (including feedback and suggestions) or post, upload, input or submit to Milpitas.TV or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting “A and H Strategy, LLC” its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. “A and H Strategy, LLC” is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Milpitas.TV’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
MEMBERSHIPS
AandHStrategy is using and offering membership service for Punchbowl Plus, Punchbowl Premium, and Punchbowl Platinum are paid versions of Punchbowl. When purchasing a paid membership you can choose to be billed either monthly or annually. Monthly memberships will auto-renew every month unless canceled prior to the next month’s billing. Annual memberships will auto-renew every year unless canceled prior to the next billing date. It is your responsibility to promptly provide Punchbowl, Inc. with any contact or billing information changes or updates (including, address, credit card numbers, etc). New features will be added to the paid versions of Punchbowl on a regular basis. Some features may become free at the sole discretion of Punchbowl, Inc.
PAYMENT
Payment for services is made by credit card in US Dollars and is non- refundable. “A and H Strategy, LLC” reserves the right to cancel your membership services the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by participated user.
If payment is not current, “A and H Strategy, LLC” may immediately cease to provide any and all Deliverables to participated user. You must notify “A and H Strategy, LLC” about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of “A and H Strategy, LLC” within 90 days, you agree to waive your right to dispute such problems or discrepancies.
RENEWALS
Your membership will renew monthly or annually based on your choice at purchase. Monthly memberships will auto-renew every month unless canceled prior to the next month’s billing. Annual memberships will auto-renew every year unless canceled prior to the next billing date.
INDEMNITY
You agree to indemnify and hold harmless “A and H Strategy, LLC”, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to Milpitas.TV
APPLICABLE LAW
By visiting http://www.Milpitas.TV you agree to submit to the personal and exclusive jurisdiction of the courts of Santa Clara County, California USA
MERGER OR ACQUISITION
It is possible that the services and/or related assets of “A and H Strategy, LLC” might be acquired as part of a merger or acquisition. In such an event, you understand and agree that “A and H Strategy, LLC” may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
LIABILITY DISCLAIMER
Milpitas.TV AND “A and H Strategy, LLC” COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED “AS-IS” WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH “A and H Strategy, LLC” located at Milpitas.TV MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
“A and H Strategy, LLC” AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO “A and H Strategy, LLC” AT ANY TIME.
“A and H Strategy, LLC” AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Milpitas.TV FOR ANY PURPOSE. “A and H Strategy, LLC” AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL “A and H Strategy, LLC” AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Milpitas.TV, WITH THE DELAY OR INABILITY TO USE Milpitas.TV OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Milpitas.TV, OR OTHERWISE ARISING OUT OF THE USE OF Milpitas.TV, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF “A and H Strategy, LLC” OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Milpitas.TV
TERMINATION/ACCESS RESTRICTION
“A and H Strategy, LLC” reserves the right, in its sole discretion, to terminate your access to “A and H Strategy, LLC” and the related services or any ortion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the California, United States of America, without regard to its conflict of law provisions.
You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state of California, United States of America in all disputes arising out of or relating to the use of Milpitas.TV
Use of the above websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and “A and H Strategy, LLC” as a result of this agreement or use of “A and H Strategy, LLC”
Milpitas.TV performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of “A and H Strategy, LLC”‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Milpitas.TV or information provided to or gathered by Milpitas.TV with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and “A and H Strategy, LLC” with respect to Milpitas.TV and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and “A and H Strategy, LLC” with respect to Milpitas.TV
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of Milpitas.TV “A and H Strategy, LLC” and/or its suppliers are copyrigt 2012 All rights reserved. The names of actual companies and products mentioned on our sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
MODIFICATION OF THESE TERMS OF USE
“A and H Strategy, LLC” reserves the right to change the terms, conditions, and notices. The effective date will be posted at the top of this agreement if any changes are made to the agreement.
CONTACT
info@Milpitas.TV