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For all of your User Materials that you post or otherwise submit to RetrowareTV.com, including feedback, bug reports, piracy reports or suggestions, you grant Retroware TV LLC and the users of RetrowareTV.com an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that RetrowareTV.com is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Retroware TV LLC shall not be liable for any failure to store User Materials on the Site at any time.

 

User Content

Through the Service, you may have opportunities to post your own Content. Content includes, but is not limited to, postings, stories, messages, emails, texts, images, photos, video, or other material (”Content”). RetrowareTV.com may require you to register to utilize some or all of RetrowareTV.com’s Services. You agree to provide accurate, complete and current information about yourself in all required fields. RetrowareTV.com reserves the right to terminate your registration and to refuse or remove any of your Content, if it believes that the information provided by you is false, inaccurate or incomplete.

Content posted by users does not represent the opinion of RetrowareTV.com, its principal or representatives. All Content is the sole responsibility of the person from whom the Content originated, and you agree that users bear all legal liability resulting from the posting of Content. RetrowareTV.com makes no representations as to the accuracy or validity of user-generated Content and is not liable in any way for the use of or reliance upon such Content. Whenever possible, such information is marked with the name of the source. RetrowareTV.com reserves the right to pre-screen, move, refuse, or remove any of your Content, or to bar access to the Service, at any time for any reason and without prior notice.

By using the service, you may be exposed to Content that you find indecent, offensive or otherwise objectionable. You may report such Content or other Content or conduct that violates these TOS. However, RetrowareTV.com will determine, without limitation and in its sole discretion, as what action, if any, should be taken with respect to such activity.

You agree that RetrowareTV.com may establish separate Guidelines and/or limits for the use of the Service. These may include additional Guidelines pertaining to the etiquette of use, as need be, as well as limits on the amount of Content and the frequency of postings.

Proprietary Information

RetrowareTV.com’s site may contain proprietary information and all information contained in RetrowareTV.com’s Service is protected by all applicable copyright, trademark and intellectual property laws to the maximum extent permitted. You acknowledge that all code and specifications are subject to the respective express or implied licenses. As a user, when you provide any Content, you automatically grant to RetrowareTV.com a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable license to use, copy, perform, display, and distribute the Content that you have provided. You agree not to reproduce, duplicate, copy, sell, exploit, or otherwise use any Content, in full or part, or any use or access to the Service, without the express written consent of RetrowareTV.com.

RetrowareTV.com reserves the right to use your Content in promotional, advertising, fundraising or other material that furthers RetrowareTV.com’s purpose, without compensation. RetrowareTV.com has also implemented a privacy policy, which you may refer to, in order to learn how RetrowareTV.com uses information that you provide.

User Conduct

You agree that all postings and communications you make through the Service are your sole responsibility. This means that you, and not RetrowareTV.com, are entirely responsible for all Content you post. You agree to not use the Service (and you agree not to allow others to use the Service) to:

Upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, or libelous;

upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is hateful or discriminatory against any individual or group on the basis of race, religion, gender, age, sexual orientation, ethnicity, or disability, or promotes physical harm or injury against any individual or group;

upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is harmful to minors in any way;

impersonate any person or entity, or falsely states or otherwise misrepresents your identity or affiliation with another person or entity;

stalk or harass another person or entity;

employ misleading email addresses, forged headers, or other manipulated identifiers;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships

upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is invasive to another’s privacy or includes personal or identifying information about another person, without that person’s explicit consent;

upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that violates, intentionally or unintentionally, the rules of the Federal Election Commission or any other applicable federal, state, or local laws, or to promote or provide instructional materials about illegal activities;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;

upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

upload, post, email, transmit or otherwise make available any Content or use the Service to interfere with or disrupt the Service, or servers or networks connected to the Service;

upload, post, email, transmit or otherwise make available any Content or use the Service to collect or store personal data about other users for commercial purposes or engage in commercial activities, without RetrowareTV.com’s prior approval.

Any use of the Service that is in violation of the above will be subject to immediate removal and user/account suspension or termination, at the sole discretion of RetrowareTV.com.

Modifications to Service

RetrowareTV.com reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RetrowareTV.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Linking

RetrowareTV.com may, from time-to-time, link to other websites which are operated independently from RetrowareTV.com. You agree that your linking to any such website is at your own risk, and RetrowareTV.com bears no responsibility for your linking or for the content or information contained in any such website, including the accuracy thereof.

Traffic Data

Each time a visitor comes to a RetrowareTV.com site, information is collected to improve the overall quality of RetrowareTV.com sites. RetrowareTV.com collects the visitor’s domain name/IP Address (e.g., whether the user is logged on from netscape.com or yale.edu or 255.255.255.0), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to an RetrowareTV.com site), and browser/platform type (e.g., a Netscape browser on a Macintosh platform).

In addition to collecting these types of information, RetrowareTV.com’s advertisement delivery system collects aggregate search terms for internal reporting and targeted advertising. RetrowareTV.com’s advertisement delivery system collects visitor information for purposes of product monitoring, product improvement, and targeted advertising.

RetrowareTV.com also counts, tracks, and aggregates the visitor’s activity into our analysis of general traffic flow at RetrowareTV.com sites (e.g., tracking where traffic comes from and how traffic flows within the sites). RetrowareTV.com may merge this information into group data, which may then be shared on an aggregated basis with potential advertisers, research firms, and business partners. RetrowareTV.com will not disclose your individual identity or personal data. When RetrowareTV.com does present aggregated information to potential advertisers, research firms, and business partners, no one will be able to identify you or contact you.

Disclaimer of Warranties

YOU AGREE AND ACKNOWLEDGE THAT RETROWARETV.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RETROWARETV.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THAT DOWNLOADING OR OTHERWISE OBTAINING MATERIAL THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. RETROWARETV.COM IS IN NO WAY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RETROWARETV.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT RETROWARETV.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF RETROWARETV.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to indemnify and hold RetrowareTV.com, its principals, officers, directors, employees, agents, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content that you submit, post or make available through RetrowareTV.com’s Service, of your use of RetrowareTV.com’s Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of the rights of another.

Governing Law

You agree and acknowledge that the laws of the State of Connecticut shall govern the Terms and the relationship between you and RetrowareTV.com without regard to its conflict of law provisions. You agree and acknowledge to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut. You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or forever be barred.

Miscellaneous

The Terms constitutes the entire agreement between you and RetrowareTV.com and governs your use of the Service, superseding any prior agreements between you and RetrowareTV.com. RetrowareTV.com’s failure of to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Reporting of Violations

Please report any violations of these terms of service to:

johnd@retrowaretv.com

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