Updated: November 2022
Welcome to TVU Networks (“TVU”)! We invite you to a whole world of products, services and solutions that empower you to create, produce and use live and recorded video for creating and presenting events in real time as they happen, and/or for later broadcast.
By using the Website and/or by using any of the TVU Solutions, you agree to comply with these Terms, and you accept any changes to the Terms by continuing to use the Website and/or the TVU Solution after we post the changes.
The terms “you” and “your” refer to you personally (if you are an individual) or to the entity you represent; and the terms “we” “our” and “TVU” refer to TVU Networks Corporation and its related companies. The term “person” may refer either to an individual or an entity, as applicable.
The above products and services are referred to collectively as “TVU Solutions”. TVU may in the future develop and make available new and enhanced hardware products, cloud-based software, or database services – all of which will be categorized as “TVU Solutions” and subject to these Terms. Any of the above-listed TVU Solutions may be renamed, modified or discontinued, at TVU’s discretion.
Some TVU Solutions require you to create an account. To open an account, you may need to provide a current, valid e-mail address, your street address, your contact phone number(s), and a valid form of payment. The information you provide must be accurate, and you agree to update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You may not open more than one TVU account. You may not transfer your TVU account or your account login/password to any other person.
You agree to create a strong and unique password for your TVU account and to (a) keep it confidential, (b) not to allow anyone else to use it, (c) safeguard it and your computer(s) and mobile device(s) from access by others, and (d) log out when your session is complete. You are responsible for any use of your TVU account, regardless of whether such use is by you, authorized by you, or made by your staff or a third party. If you become aware of or suspect any unauthorized use of your TVU account, or any known or suspected security breach such as disclosure or loss of your password or theft of your TVU account information, you should notify us promptly. We will promptly block or deactivate your account, and, depending on the circumstances of the security breach, we may allow you to open a new account.
You may not use the Website or any TVU Solution for any unlawful purpose. We reserve the right to terminate or restrict your access to your TVU account and your use of TVU Solutions if, in our opinion, your use may violate any laws, infringe upon another person’s rights, or breach the terms of this Agreement. You may not offer for sale, resell, market, distribute, create a database from, or otherwise commercially exploit in any manner any of the content on the Website or any TVU Solution.
Subject to these Terms. Your acquisition and use of any TVU Solution is governed by these Terms, as well as any other terms applicable to the specific Physical Product or Software Service
Upon receipt of a notice of claimed infringement that complies with the above requirements, we will investigate and, if an infringement is confirmed, will promptly (a) remove or disable access to the allegedly infringing content; (b) modify the material so that it is non-infringing; or (c) obtain consent or a license to use it.
The above rights are granted subject to your compliance with these Terms.
Violations or attempted violations of our system or network security may result in civil or criminal liability. We will investigate and work with law enforcement authorities to prosecute users who violate these restrictions. In the event you engage in any conduct that does or may compromise the security of our systems or networks, we may suspend or terminate your access to the TVU Solutions without notice.
In the event that either of us discloses any Confidential Information to the other in the course of our relationship, we each agree (a) not to disclose any Confidential Information except to employees, independent contractors, and/or professional advisors who have a strict need to know and who are bound by nondisclosure obligations; and (b) not to use any of the other’s Confidential Information for any purposes other than in providing or using the TVU Solutions.
You may at any time submit ideas or suggestions for improvements to the TVU Solutions or for new products or services (collectively, “Feedback”). TVU is not required to implement any such Feedback, or to compensate you for such Feedback, or to give you acknowledgment in announcing or promoting any new or modified TVU Solution that may be based on or incorporate such Feedback. You agree that any Feedback you choose to submit will not include any of your Confidential Information or your Intellectual Property.
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST INCOME, LOST PROFITS, LOSS OF GOODWILL, OR OTHER LOSSES OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE TVU SOLUTIONS, ANY INTERRUPTION IN AVAILABILITY OF THE SOFTWARE SERVICES, DELAY IN OPERATION OR TRANSMISSION, MALICIOUS SOFTWARE, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE TVU SOLUTIONS OR THE DATA COLLECTED THROUGH THE TVU SOLUTIONS, EVEN IF WE OR YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE TVU SOLUTIONS WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS, AQUIRE OR USE THE AFFECTED SOLUTION.
We will not be liable to you for failure to perform due to any event outside our reasonable control that affects our ability to provide the TVU Solutions, including without limitation: act of God, government action, fire, war, flood, earthquake, revolution, terrorism, riot, civil commotion, strike or other industrial action, embargo, or shortage of suitable parts, material, network bandwidth, or labor. If the Force Majeure event persists for a period of fifteen (15) or more consecutive days, we may terminate your use of the TVU Solutions on written notice. Any such termination will not affect the rights and obligations that accrued prior to the Force Majeure event.
These Terms will be interpreted according to and governed by the laws and regulations of the State of California, USA, except for its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. We agree to attempt to settle any dispute between us informally and in good faith. If any such dispute cannot be settled informally after a period of fifteen (15) days, it will be resolved by binding, confidential arbitration by a single arbitrator as follows:
The following terms and conditions apply: