Terms of Use

Welcome to the TVTonic website (the "Site"), brought to you by Wavexpress, Inc. ("Wavexpress"). The following are the terms and conditions (the "Terms and Conditions") concerning your use of the Site. Your use of the Site indicates your willingness to be bound to these Terms and Conditions, so please read them carefully before using this site. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE OR TO REGISTER FOR THE TVTONIC SERVICE. WAVEXPRESS RESERVES THE RIGHT TO TERMINATE THE TVTONIC SERVICE IF YOU PROVIDE FALSE OR MISLEADING INFORMATION.

Intellectual Property Rights

This Site, including all content, software, video, audio, art, graphics, text, and other materials (collectively, the "Materials") made available on the Site are owned exclusively by Wavexpress or third parties as indicated and are protected by United States copyright law and worldwide copyright laws and treaty provisions. You may not copy, reproduce, modify, make derivative works based upon, publish, distribute or otherwise use or exploit any of the Materials in any way, without Wavexpress' prior written permission. You may, however, view the Materials during your use of the Site and you may download or print one copy of any of the items that are included in the Materials for personal, non-commercial use. Your use of the materials is subject to the following restrictions: you may not (a) modify the Materials; (b) use the Materials for any commercial purpose, or any public display, sale or rental; (c) make any further copies or derivative works of the Materials; (d) remove any copyright, trademark or other proprietary notices from the Materials; or (e) transfer the Materials to another person. You agree to prevent any unauthorized copying or use of the Materials. The use of any Material on any other web site or networked computer environment is strictly prohibited.

Disclaimer of Warranties; "AS IS"

THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN. WAVEXPRESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, THE "WAVEXPRESS ENTITIES"), AND THEIR RESPECTIVE LICENSORS, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES PERTAINING TO THE SITE OR THE MATERIALS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION (A) ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INTEGRATION, ADEQUACY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, (B) ANY WARRANTIES THAT THE SITE OR THE MATERIALS WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION OR ARE OR WILL BE SECURE AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT, (C) ANY WARRANTIES THAT THE SITE OR THE MATERIALS WILL BE COMPATIBLE WITH OTHER SOFTWARE, OPERATING SYSTEMS OR EQUIPMENT, (D) ANY OTHER WARRANTIES PERTAINING TO THE PERFORMANCE OR FUNCTIONALITY OF THE SITE OR THE MATERIALS, AND (E) ANY WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE TVTONIC SERVICE IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT AND/OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE WAVEXPRESS ENTITIES MAKE NO WARRANTY AND EXPRESSLY DISCLAIM ANY LIABILITY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE TVTONIC SERVICE. THE WAVEXPRESS ENTITIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAVEXPRESS OR THROUGH THE SITE OR THE TVTONIC SERVICE. IF THE SITE, THE TVTONIC SERVICE OR THE MATERIALS PROVES DEFECTIVE, YOU (AND NOT THE WAVEXPRESS ENTITIES OR THEIR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR TO YOUR COMPUTER SYSTEMS, CORRECTION OF INACCURATE DATA, OR INJURY OF ANY KIND, EVEN IF THE WAVEXPRESS ENTITIES OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DEFECTS OR DAMAGES OR ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WAVEXPRESS ENTITIES AND THEIR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WAVEXPRESS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR THE MATERIALS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE MATERIALS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR THE MATERIALS OR YOUR USE THEREOF. IN NO EVENT WILL THE WAVEXPRESS ENTITIES' DIRECT DAMAGES TO YOU EXCEED (COLLECTIVELY) $1 OR THE AMOUNT OF ANY PAYMENTS MADE BY YOU TO WAVEXPRESS WITHIN ONE YEAR PRIOR TO THE DATE ANY SUCH LIABILITY IS INCURRED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Third Party Content

The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Wavexpress is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Wavexpress shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wavexpress shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

Indemnification

You agree to indemnify and hold harmless the Wavexpress Entities (and their respective licensors) from and against any and all (a) losses or damages suffered by you related in any way to the Site or the Materials and (b) losses, damages, costs or expenses (including reasonable attorney's fees) related to any claim or demand made by any third party in connection with or arising out of (i) any breach by you of any of these Terms and Conditions or (if applicable) the TVTonic Software License and Services Agreement, (ii) your violation of applicable laws, and/or (iii) your violation of the rights of any other person or entity. Wavexpress reserves the right, at its own expense, to assume the exclusive defense and control of (but not liability for) any matter otherwise subject to indemnification by you. You will be liable to Wavexpress for reasonable attorney's fees in any such case.

User Rules of Conduct

You agree to use the Site and (if applicable) the TVTonic Service in a manner consistent with all applicable laws and regulations. You understand that all information, data, text, software, music, sound, photographs, graphics, video, or messages (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Wavexpress, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the TVTonic Service. Wavexpress does not control the Content posted via the TVTonic Service and, as such, does not guarantee legality, the accuracy, integrity or quality of such Content. You understand that by using the TVTonic Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Wavexpress be liable in any way for any Content, including, but not limited to, for 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, e-mailed, transmitted or otherwise made available via the TVTonic Service. You acknowledge that you have read the TVTonic "Privacy Policy", and will engage in no activities which may undermine or threaten the application or integrity of such policy. Further, in connectiion with your use of the Site or the TVTonic Services, you may not:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Wavexpress official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TVTonic Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, copyright owner's "terms of use", 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);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional Contents, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. knowingly or intentionally upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the TVTonic Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the TVTonic Service or servers or networks connected to the TVTonic Service, or disobey any requirements, procedures, policies or regulations of networks connected to the TVTonic Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine;
  13. create any link or hyperlink to any page of this Site; provided, however, that you may create a link to the home page of this Site with our prior written approval;
  14. frame or otherwise display this Site with or as a part of any other web site without our prior written approval;
  15. "stalk" or otherwise harass any other user; or
  16. collect or store personal data about other users.

Not Intended for Minors

Much of the content on TVTonic is inappropriate for children. As such, TVTonic is not intended for use by persons under the age of eighteen (18) years of age ("Minors") without the consent and supervision of his/her legal guardian. The TVTonic Content may be confusing or offensive to Minors. Any Minor should seek consent from his/her legal guardian before using this Site, and such legal guardian should strictly monitor such Minor's use of the Site.

Terms Relating to Our Adult Content ("After12Club")

If you access any adult or mature content on the Site, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) believe that the content on this site appeals to the healthy and normal human interests and standards in your community; and (v) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.

Copyright

In accordance with the Digital Millenium Copyright Act, Wavexpress' Copyright Agent for Notice of claims of copyright infringement on its service is Simon P. Tidnam, who can be reached as follows:

Daniel Coffman
Copyright Agent
c/o Wavexpress, Inc.
480 Pleasant Street
Lee, MA 01238
By phone: (413) 243-7034
By email: dcoffman@wavesys.com

Wavexpress respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Wavexpress' Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

General

Wavexpress may modify these Terms and Conditions from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site. Wavexpress shall also have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access of use.

The terms of these Terms and Conditions are severable to the extent any term is deemed invalid, illegal, or unenforceable.

The failure of Wavexpress, to enforce any of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.

These Terms and Conditions are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts located within the State of New York. You expressly consent to service of process in any such action by regular mail or by any other means provided by law. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. top of page