|
TERMS OF USE
4
OWNERSHIP
Welcome to the BBTV web site
at
www.tvbeyondborders.com ("Site"). The Site is owned by
Beyond Borders, Pvt. Ltd ("BBTV") and the term BBTV includes
BBTV members and such members' parents, subsidiaries and
affiliates. This Site is operated by BBTV and materials on
the Site are owned or licensed by BBTV. The Site may also
include materials owned by third parties and posted on the
Site by virtue of a license, grant or some other form of
agreement between the third party and BBTV.
BBTV has created this Site for
your personal enjoyment, entertainment and education. These
Terms and Conditions of Use constitute a legal agreement
("Agreement") between you and BBTV regarding the use of the
Site, and the provision of materials to BBTV online and
Offline. Use of the Site and the provision of materials to
BBTV are also governed by the Site's
Privacy Policy,
and the Program's
Application Rules and Requirements
and
Submitted Materials Release,
which are incorporated into this Agreement by this
reference. By using the Site and/or providing materials to
BBTV, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse the
Site) or you are a "Member" (which means that you have
registered with the Site and submitted a Program Application
("Application")). The term "User" refers to a Visitor or a
Member. You are only authorized to access this Site or to
use the materials and services contained in the Site
(regardless of whether your access or use is intended) if
you agree to abide by all applicable laws and to this
Agreement. Please read this Agreement carefully and save it.
If you do not agree with it, you should leave this Site
immediately.
BBTV reserves the right to
modify or amend this Agreement without notice at any time,
and such modification will be effective upon posting by BBTV
on the Site. You agree to be bound by any changes to this
Agreement when you use the Site after any such modification
is posted. It is therefore important that you read this page
regularly to ensure you are updated as to any changes.
4
ACCESS
AND USE
All materials contained in
this Site are protected by international trademark and
copyright laws and must only be used for personal,
non-commercial purposes. This means that you may only view
or download material from this Site for your own use and you
must keep all copyright and other proprietary notices
attached to the downloaded material.
The reproduction, duplication,
distribution (including by way of email, facsimile or other
electronic means), publication, modification, copying or
transmission of material from this Site is STRICTLY
PROHIBITED unless you have obtained the prior written
consent of BBTV or unless it is expressly permitted by this
Site. The material covered by this prohibition includes,
without limitation, any text, graphics, logos, photographs,
audio or video material or stills from audiovisual material
available on this Site. The use of materials from this Site
on any other web site or networked computer environment is
similarly prohibited. Requests for permission to reproduce
or distribute materials found on this Site can be made by
contacting BBTV Pvt. Ltd. in writing at 72 FCC, Gulberg IV,
Lahore, Pakistan or email
filmfestival@tvbeyondborders.com.
You are also strictly
prohibited from creating works or materials that derive from
or are based on the materials contained in this Site
including, without limitation, fonts, icons, link buttons,
wallpaper, desktop themes, on-line postcards and greeting
cards and unlicensed merchandise. This prohibition applies
regardless of whether the derivative materials are sold,
bartered or given away.
4
CONTENT
POSTED ON THE SITE
You are
welcome to post, transmit or submit messages and other
materials (which include uploading files, inputting data or
any other materials, "blogging," or engaging in any form of
communication in connection with this Site) (collectively
"Content") to review boards, chat rooms or other public
areas within, or in connection with, this Site (collectively
"Reviews"). You are solely responsible for such Content.
BBTV will not accept responsibility whatsoever in connection
with or arising from such Content
Furthermore, you are welcome to submit an Application to
BBTV as part of the Program, including providing a Program
Application; short film or video; and related legal releases
(collectively "Submitted Material"). If you provide
Submitted Materials to BBTV as part of the Program, that
information will not be publicly available in the Reviews or
elsewhere until BBTV determine in their sole discretion to
disclose such materials.
BBTV does not endorse and does
not have control over the Content submitted by others to
Reviews. Content submitted to Reviews is not necessarily
reviewed by BBTV prior to posting and does not necessarily
reflect the opinions or policies of BBTV. BBTV makes no
warranties, express or implied, as to such Content and/or
Forums or their accuracy and reliability. Nonetheless, BBTV
reserves the right to prevent you from submitting Content to
Reviews and to edit, restrict or remove such Content for any
reason at any time. BBTV may remove any form of cursing
contained in the Content with a swear filter application if
and to the extent you do not otherwise opt out of such
filter.
BBTV assumes no responsibility
for actively monitoring Reviews for inappropriate Content.
If, at any time BBTV choose, in their sole discretion, to
monitor the Content and/or Reviews, BBTV nonetheless assumes
no responsibility for the Content and/or Reviews, no
obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting
any Content to Reviews. In submitting Content to Reviews,
you agree to strictly limit yourself to discussions about
the subject matter for which the Content and/or Reviews are
intended. You agree that BBTV accepts no liability
whatsoever if they determine to prevent your Content from
being submitted or if they edit, restrict or remove your
Content. You also agree to permit any other User of this
Site to access, view, store or reproduce the material for
that other User's personal use and not to restrict or
inhibit the use of the Site by any other person.
You agree to release BBTV,
their respective members, parents, affiliates and
subsidiaries, together with their respective employees,
agents, officers, directors and shareholders, from any and
all liability and obligations whatsoever in connection with
or arising from your use of Reviews. If at any time you are
not happy with the Reviews or object to any material within
Reviews, your sole remedy is to cease using them.
Please refer to the "Rules of Discussion"
for additional explanation regarding the posting of Content
to Reviews.
Please refer to the
Application Rules and Requirements
for additional explanation of the application process for
the Program.
4
PROPRIETARY RIGHTS IN CONTENT POSTED ON THE SITE
General.
You agree that any Content whatsoever posted by you to the
public areas of the Site (excluding blogs) you hereby grant
to BBTV the non-exclusive, fully paid and royalty-free,
perpetual, irrevocable universal license to use, copy,
sublicense, adapt, transmit, translate, distribute, publicly
perform, publicly display, modify, and translate such
Content as BBTV sees fit. You represent and warrant that: (i)
you own the Content posted by you on the Site, (ii) your
Content does not violate the privacy rights, publicity
rights, copyright rights, intellectual property rights, or
any other rights of any person or entity, and (iii) the
posting of your Content on the Site does not result in a
breach of any contract between you and a third party. You
agree to pay for all royalties, fees and any other monies
owing any person or entity by reason of any Content you post
on the Site.
Reviews.
By posting any Content to the reviews (or blogs) areas of
the Site, you hereby grant to BBTV the non-exclusive, fully
paid and royalty-free, perpetual, irrevocable worldwide
license to use, copy, sublicense, adapt, transmit,
translate, distribute, publicly perform, publicly display,
modify, and translate such Content. This license will
terminate at the time you remove such Content from the Site.
Notwithstanding the foregoing, a back-up or residual copy of
the Content posted by you to the blog areas of the Site may
remain on BBTV servers after you have removed such Content
from the Site. You represent and warrant that: (i) you own
the Content posted by you to the blog areas of the Site or
otherwise have the right to grant the license set forth in
this section, (ii) your Content does not violate the privacy
rights, publicity rights, copyright rights, intellectual
property rights, or any other rights of any person or
entity, and (iii) the posting of your Content to the blog
areas of the Site does not result in a breach of any
contract between you and a third party. You agree to pay for
all royalties, fees and any other monies owing any person or
entity by reason of any Content you post to the blog areas
of the Site.
4
PROHIBITED CONTENT AND/OR ACTIVITY
You must use the Site in a
manner consistent with any and all applicable laws and
regulations. The following is a partial list of the kind of
Content that is illegal or prohibited on the Site. BBTV
reserves the right to investigate and take appropriate legal
action in its sole discretion against anyone who violates
this provision, including without limitation, removing the
offending Content from the Site and terminating the
membership of such violators. Prohibited Content includes
Content that:
-
is obscene, patently
offensive, or promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual;
-
harasses or advocates
harassment of another person;
-
contains nudity, excessive
violence, or offensive subject matter;
-
involves the transmission
of "junk mail" or "chain letters" or unsolicited mass
mailing;
-
promotes information that
you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
-
exploits people in a
sexual or violent manner;
-
solicits personal
information from anyone under 18;
-
provides any telephone
numbers, street addresses, last names, URLs or email
addresses, including in your Member profile;
-
violates the copyright,
trademark or other intellectual property rights of any
other person;
-
furthers or promotes any
criminal activity or enterprise or provides
instructional information about illegal activities such
as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
-
solicits passwords or
personal identifying information for commercial or
unlawful purposes from other Users; or
-
involves commercial
activities and/or sales without our prior written
consent such as contests, sweepstakes, solicitation of
donations, barter, advertising, or pyramid schemes.
The following is a partial
list of the kind of activity that is illegal or prohibited
on the Site. BBTV reserves the right to investigate and take
appropriate legal action in its sole discretion against
anyone who violates this provision, including without
limitation, reporting you to law enforcement authorities.
Prohibited activity includes, but is not limited to:
-
advertising to, or
solicitation of, any Member to buy or sell any products
or services through the Site. You may not transmit any
chain letters or junk email to other Members. Although BBTV cannot monitor the conduct of its Members off the
Site, it is also a violation of these rules to use any
information obtained from the Site in order to harass,
abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our
Members from such advertising or solicitation, BBTV
reserves the right to restrict the number of emails
which a Member may send to other Members in any 24-hour
period to a number which the Site deems appropriate in
its sole discretion;
-
any automated use of the
system;
-
attempting to impersonate
another User or person;
-
using the account,
username, or password of another Member at any time or
disclosing your password to any third party or
permitting any third party to access your account;
-
selling or otherwise
transferring your profile;
-
covering or obscuring the
banner advertisements on Forums, or any BBTV page via
HTML/CSS or any other means; or
-
interfering with,
disrupting, or creating an undue burden on the site or
the networks or services connected to the Site.
4
UNSOLICITED SUBMISSIONS
BBTV does not knowingly accept
unsolicited submissions (submissions that do not conform
with the
Application Rules and Requirements
including, without limitation, submissions of scripts, story
lines, articles, fan fiction, characters, drawings,
information, suggestions, ideas or concepts. BBTV's policies
are to simply delete any such submission without reading it
or forwarding it to other BBTV staff. Therefore, any
similarity between an unsolicited submission and any
elements in any of BBTV creative work including, without
limitation, a film, series, story, title or concept would be
purely coincidental.
Notwithstanding the foregoing,
BBTV reserves the right to change the foregoing submission
policy including, but not limited to, the following:
If unsolicited submissions are
sent to BBTV via this Site, however, these submissions
become the property of BBTV and may be used, copied,
sublicensed, adapted, transferred, transmitted, distributed,
publicly performed, published, displayed or deleted as BBTV
sees fit. You agree that you are not entitled to any
compensation, credit or notice whatsoever and that by
sending an unsolicited submission you waive the right to
make any claim against BBTV, and their respective parents or
affiliates, relating to unsolicited submissions, including,
without limitation, unfair competition, breach of implied
contract or breach of confidentiality.
4
LINKED
SITES AND ADVERTISING
If you are interested in
creating hypertext links to this Site, you must contact BBTV
Pvt. Ltd., 72 FCC, Gulberg IV, Lahore, Pakistan, or email at
filmfestival@tvbeyondborders.com
before doing so. In establishing hypertext links, you must
not represent in any way, expressly or by implication, that
you have received the endorsement, sponsorship or support of
this Site or BBTV, including their respective employees,
agents, directors, officers and shareholders.
If BBTV have provided links or
pointers to other web sites, no inference or assumption
should be made and no representation should be implied that
BBTV is connected with, operate or controls these Web sites.
BBTV is not responsible for
the content or practices of third party web sites that may
be linked to this Site and make no representation or
warranty regarding such web sites or their content. This
Site may also be linked to other web sites operated by
companies affiliated or connected with BBTV. When visiting
other web sites, however, you should refer to each such web
site's individual "Terms of Use" and not rely on this
Agreement.
BBTV takes no responsibility
for third party advertisements which are posted on this
Site, nor do they take any responsibility for the goods or
services provided by their advertisers.
4
DISCLAIMER OF LIABILITY AND WARRANTIES
While BBTV does their best to
ensure the optimal performance of the Site, you agree that
you use this Site and rely on material contained in this
Site at your own risk.
The Site, and all materials in
this Site, are provided "as is" and, to the fullest extent
permitted by law, are provided without warranties of any
kind either express or implied. This means, without
limitation, that BBTV DO NOT WARRANT that the Site is fit
for any particular purpose; that the functions contained in
the materials in the Site will be uninterrupted; that
defects will be corrected; that the Site is free of viruses
and other harmful components or that the Site is accurate,
error free or reliable.
You acknowledge that BBTV and
their respective parents and affiliates together with their
respective employees, agents, directors, officers and
shareholders, ARE NOT LIABLE for any delays, inaccuracies,
failures, errors, omissions, interruptions, deletions,
defects, viruses, communication line failures or for the
theft, destruction, damage or unauthorized access to your
computer system or network.
You acknowledge that BBTV is
not liable for any defamatory, offensive or illegal conduct
or material found in connection with this Site, including
such conduct or material transmitted by any means by any
other person.
You acknowledge that BBTV is
not liable for any damages, including, without limitation,
direct, incidental, special, consequential or punitive
damages, in connection with or arising from your use or from
your inability to use the Site.
4
INDEMNITY
You agree to defend, indemnify
and hold harmless BBTV, their respective parents, affiliates
and subsidiaries, together with their respective employees,
agents, directors, officers and shareholders, from and
against all the liabilities, claims, damages and expenses
(including reasonable lawyer's fees and costs) arising out
of your use of this Site; your failure to use the Site; your
breach or alleged breach of this Agreement or your breach or
alleged breach of the copyright, trademark, proprietary or
other rights of third parties.
4
TERMINATION
BBTV reserves the right to
immediately terminate your use of, or access to, this Site
at any time if BBTV decides at their sole discretion that
you have breached this Agreement or any relevant law, rule
or regulation or you have engaged in conduct that BBTV
considers to be inappropriate or unacceptable.
4
COPYRIGHT
INFRINGEMENT
If you believe that any
material contained in this Site infringes your copyright,
you should notify BBTV of your copyright infringement claim
in accordance with the following procedure.
BBTV will process notices of
alleged infringement which it receives and will take
appropriate action as required by the Copyright Laws of
Pakistan and other applicable intellectual property laws
which require that notifications of claimed copyright
infringement should be sent to this Site's Designated Agent
who is:
Ishaq Chugtai
Telephone: (92) (42) 587-0326
Fax: (92)(42) 575-1025
Email:
ishaq@tvbeyondborders.com
To be effective, the
notification must be in writing and contain the following
information:
-
Physical or electronic
signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
-
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;
-
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;
-
Information reasonably
sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which
the complaining party may be contacted;
-
A statement that the
complaining party has 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, made under
penalty of perjury, that the information in the
notification is accurate and that the complaining party
is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
E-mails sent to
ishaq@tvbeyondborders.com
for purposes other than communication about copyright claims
may not be acknowledged or responded to.
4
COPYRIGHTS (C) / TRADEMARKS (tm)
All
materials contained in this Site are protected by copyright
and trademark and shall not be used for any purpose
whatsoever other than private, non-commercial viewing
purposes. Reproduction, duplication, distribution,
derivative works, and other unauthorized copying or use of
stills, audio, video footage, or any other materials
contained in this Site is expressly prohibited.
If you have any questions please send an e-mail to
ishaq@tvbeyondborders.com. |
