ImaginAsian Radio Terms of Service
Last Updated on January 12, 2004
1.
Acceptance of Terms
This Website is provided by ImaginAsian Radio ("iaRadio"), subject to
the following Terms of Service ("TOS"), which may be updated by us
from time to time. iaRadio reserves the right to alter these TOS without
advance notice by posting revised TOS. You can determine if the TOS has been
revised by referring to the "Last Updated" date at the top of this
page.
These TOS
apply to this site: imaginasiantv.com (the "Website"). In addition,
when using particular services provided by iaRadio, you shall be subject to any
additional posted guidelines or rules applicable to such services. All such
guidelines or rules are hereby incorporated by reference into the TOS.
PLEASE
READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING iaRadio's WEBSITE. YOUR USE
OF THE WEBSITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN
EFFECT.
Any
questions about the meaning or application of these TOS should be directed to: feedback@iatv.tv
2.
Description of the
Service
iaRadio provides users with access to a rich collection of online resources,
including forums and message boards, clubs, and opportunities to post
eyewitness accounts (all of the foregoing, the "Community"),
classroom assistance, television listings, quizzes, polls, shopping services,
searchable databases, specialized content, and branded
3.
Registration Obligations/Screen Names
A. You are not obligated to register with iaRadio in order to access the
Website. However, iaRadio offers certain features and services for which
registration is necessary. For example, to contribute in an Interactive
Community, you are required to select a user name and to provide your email
address to iaRadio. Depending on the Website, you will either select your own
password at the time of registration, or will receive an email notification
from us with a randomly generated initial password. Whenever you contribute to
a public forum, your user name and a link to your profile will automatically
appear with your post. In addition, you may submit your email address in order
to receive periodic updates about new online services, scheduling
We may refuse to grant you, and you may not use, a user name (or
email address) that is already being used by someone else; that may impersonate
another person; that belongs to another person, without his or her prior
consent; that violates the intellectual property or other rights of any person;
that is vulgar or otherwise offensive; or that we reject for any other reason
in our sole discretion.
B. In consideration of your use of the Services, you agree, where
4.
iaRadio
Privacy Policy
The TOS incorporate the terms of iaRadio's Privacy Policy.
5.
Rules of Conduct
While using the Website you will comply with all applicable laws, rules, and
regulations. In addition, iaRadio expects the users of the Website to respect
the rights and dignity of others, and use of the Website and Services is
conditioned on the following Rules of Conduct. You will not:
A. Post, transmit, or otherwise make available anything that is or
may be (i) threatening, harassing, degrading, hateful, or intimidating; (ii)
defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic,
or otherwise objectionable; or (v) protected by copyright, trademark, trade secret,
right of publicity, or other proprietary right without the express permission
of the owner of such copyright, trademark, trade secret, right of publicity, or
other proprietary right. Any person who has been found repeatedly to violate
the intellectual property rights of others shall be barred from submitting or
posting any further material on the Website.
B. Use the Website for any illegal purpose; or post, transmit, or
otherwise make available any material which would give rise to criminal or
civil liability; which encourages conduct that constitutes a criminal offense;
or which encourages or provides instructional
C. Post, transmit, or otherwise make available any material that
would violate another person's privacy or other rights, including any message
containing personal phone numbers or addresses (including your own).
D. Post, transmit, or otherwise make available any material,
non-public
E. Interfere with any other user's right to privacy; or harvest or
collect personally identifiable
F. Impersonate any person or entity, including, but not limited to,
any iaRadio representative; falsely state or otherwise misrepresent your
affiliation with any person or entity; or express or imply that we endorse any
statement you make without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm,
Trojan Horse, easter egg, time bomb, spyware, or any other computer code, file,
or program that may or is intended to damage or hijack the operation of any
hardware, software, or telecommunications equipment.
H. Interfere with or disrupt the Services, or the servers or
networks that provide the Services; or disobey any requirements, procedures,
policies, or regulations of such networks.
I. Restrict or inhibit any other user from using the Website,
including by means of hacking or defacing any portion of the Website.
J. Post, transmit, or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any portion of the Services, use of the Services, or
access to the Services or Website.
L. Modify, adapt, translate, reverse engineer, decompile, or
disassemble any portion of the Website.
M. Remove any copyright, trademark, or other proprietary rights
notice contained on the Website.
N. Frame or mirror any part of the Website without iaRadio's prior
written authorization.
O. Create a database by systematically downloading and storing all
or any of the content on the Website.
iaRadio may provide access to Interactive activities
on a number of topics, but staff or volunteer hosts participating in these
activities do not offer professional advice of any kind and are speaking from
their own experience or opinion as is helpful for the facilitation of the
dialogue. These hosts claim no professional expertise or authority.
We may also post additional
guidelines and/or code of conduct for certain events, including Interactive Areas.
Any additional posted rules will be incorporated into this Agreement. To the
extent there is a conflict between the rules of a specific event and this
Agreement, the rules of the specific event will govern.
6.
Payment
You will pay all charges incurred for purchases made in connection with your
user name or account at the price(s) in effect when such charges are incurred.
You will also pay all applicable taxes resulting from your purchases. All
payments may be made by credit card.
7.
Monitoring and Disclosure
of Content
A. You acknowledge that iaRadio does not pre-screen content posted by
users, and that iaRadio shall not be responsible for policing, monitoring, or
editing such content. Notwithstanding the foregoing, iaRadio shall have the
right, but not the obligation, to monitor such content in order to respond to
or comment upon communications by participants and in order to determine
compliance with the TOS. In addition, iaRadio shall have the right and sole
discretion to refuse to post, alter, or remove any content, in whole or in
part, that it believes to be in violation of the TOS, or which it finds to be
objectionable for any reason.
B. You acknowledge and agree that iaRadio may preserve content, and
may disclose content and its origin if iaRadio believes that it is required to
do so by law, or that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process or governmental requests; (b) enforce the
TOS; (c) respond to claims that any content violates the rights of third parties;
(d) protect the rights, property, or safety of iaRadio, its users or the
public; or (e) to operate the Website.
8.
Limitations of Liability
and Disclaimer of Warranties
A. iaRadio is a distributor only, and not a publisher, of messages
posted in its Interactive Community. Please be aware that other users may post
material in the Interactive Community that is inaccurate, misleading, or
deceptive. All statements, advice, and opinions made by participants in any
Interactive Community are those of such participants only, and iaRadio neither
endorses nor shall be held responsible for the reliability or accuracy of same,
or for any injury, loss, or damage which occurs as a result of such statements,
advice, opinions, or other
B. THE WEBSITE, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS
OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITE ARE PROVIDED TO YOU
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED
WITH, THE USE OF THE WEBSITE AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU
ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY IARadio OR
SUBMITTED TO IARADIO, INCLUDING WITHOUT LIMITATION INFORMATION IN THE
INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITE.
C. IARADIO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES,
THE WEBSITE, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE OBTAINED
THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND TITLE. IARADIO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN
IF IARADIO HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT
LIMITATION, IARADIO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM
THE USE OF OR THE INABILITY TO USE IARADIO'S WEBSITE, FROM GOODS ACQUIRED
THROUGH
D. IARADIO MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR
REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE
WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED;
OR (vi) THE WEBSITE OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
9.
Indemnity
You agree to defend, indemnify, and hold harmless iaRadio, its
parents, subsidiaries, and affiliated companies, and their respective
directors, officers, employees, and agents from and against all claims, losses,
costs, and expenses (including attorneys fees) arising out of (i) your use of
the Website; (ii) any violation of these TOS by you; or (iii) any allegation
that anything you post, transmit, or make available on the Website infringes or
otherwise violates the copyright, trademark, trade secret, or other rights of
any third party.
10.
Links
The Website may provide links to other World Wide Web sites or
resources. Because iaRadio has no control over such sites and resources, you
acknowledge and agree that iaRadio 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. Other websites may provide links to iaRadio's
Website with or without iaRadio's authorization. iaRadio has no control over
sites that provide links to the Website, and you acknowledge and agree that
iaRadio does not endorse such sites and is not responsible for any links from
those sites to the Website or for any content, advertising, products, or other
materials available on such other sites. You further acknowledge and agree that
iaRadio 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 inability to use (i) any sites or resources that iaRadio provides links
to or that provide links to iaRadio's Website, or (ii) any content, goods, or
services available on or through any such sites or resources. iaRadio shall
have the right, at any time and in its sole discretion, to block links to the
Website through technological or other means, without prior notice.
11.
Dealings With Third-Party Providers of Goods and Services
Your correspondence or business dealings with, or participation in
promotions of, any third-party advertisers or other third-party providers of
goods or services found on or through the Website, including payment and
delivery of goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
third-party advertiser or provider. You agree that iaRadio 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 third-party
advertisers or providers on the Website. The foregoing expressly includes,
without limitation, travel or tours arranged through our Website.
12.
iaRadio's
Proprietary Rights
A. Subject to the iaRadio Privacy Policy by inputting data, posting
stories, ideas, drawings, opinions, messages, eyewitness accounts, or any other
materials, or engaging in any other form of communication (each, a
"Submission") through the Website, you are granting iaRadio and its
affiliated companies a royalty free, irrevocable, perpetual, non-exclusive,
unrestricted, transferable, worldwide license to (i) use, copy, sublicense,
adapt, transmit, distribute, publicly perform or display any such Submission in
any medium now known or hereafter developed, and (ii) sublicense to third
parties the unrestricted right to exercise any of the foregoing rights granted
with respect to such Submission. The foregoing grants shall include the right
to exploit any proprietary rights in such Submission, including but not limited
to rights under copyright, trademark, service mark, or patent laws in any
relevant jurisdiction. You release iaRadio from any and all claims or liability
(now known or hereafter arising) in connection with any Submission made by you,
and agree to indemnify iaRadio in connection therewith. You agree and
acknowledge that participation in the Services shall not give rise to any
confidential, fiduciary, implied-in-fact, implied-in-law, contractual, or other
special relationship between you and iaRadio, other than the relationship
between iaRadio and you entered into by virtue of your agreement to these TOS.
B. You acknowledge and agree that the content presented to you on or
through the Website is protected by copyright, trademarks, service marks,
patents, or other proprietary rights and laws. Except as expressly authorized
by iaRadio or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute, or create derivative works based on the content made available on
or through the Website, in whole or in part.
C. Trademarks and service marks of iaRadio include imaginasianradiosm,
iaradiosm, and any associated logos.
13.
Copyright Issues
All content on the Website is protected under
For further
The Digital Millennium Copyright Act of 1998 (the
"DMCA") provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under
Name:
Address: ImaginAsian TV,
Telephone Number: (212) 869-4288
Fax Number: (212) 869-4285
Email Address: dchu@iatv.tv
We suggest that you consult your legal advisor before filing a
notice or counter-notice. Also, please be aware that there are penalties for
false claims under the DMCA.
14.
Modifications to Services
iaRadio reserves the right, at any time and from time to time, to
modify or discontinue, temporarily or permanently, the Services (or any part
thereof) without notice. You agree that iaRadio shall not be liable to you or
to any third party for any modification, suspension, or discontinuance of the
Services, or of any content, feature, or product offered on the Website. Your
continued use of any Website after such changes will indicate your acceptance
of the changes.
15.
Termination
You agree that iaRadio, in its sole discretion, may terminate your
password and user name, and/or use of the Website and/or Services, for any
reason, including, without limitation, if iaRadio believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. You
agree that any termination of your access to the Website and/or the Services
under any provision of this TOS may be effected without prior notice, and
acknowledge and agree that iaRadio may immediately deactivate or delete your
password and user name and all related
16.
Jurisdictional Issues
iaRadio neither represents nor warrants that the Website or
Services are appropriate or available for use in any particular jurisdiction.
Accessing the Website or Services from any location other than the
17.
Governing Law
These TOS shall be governed by and interpreted in accordance with
the laws of
18.
Notice
Notices to you may be made via either email or regular mail. The
Services may also provide notices of changes to the TOS or other matters, by
displaying such notices or by providing links to such notices.
19.
Filtering
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify
you that parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available at the web sites of the Electronic
Frontier Foundation: http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and of America Links
Up: http://www.netparents.org/parentstips/browsers.html.
20.
Miscellaneous
If any part of these TOS is found by a court of competent
jurisdiction to be invalid or unenforceable, it will be replaced with language
reflecting the original purpose in a valid and enforceable manner. The
enforceable sections of these TOS will remain binding upon the parties. Any
heading, caption, or section title contained herein is inserted only as a
matter of convenience, and in no way defines or explains any section or
provision hereof. This constitutes the entire agreement between you and iaRadio
with respect to your use of the Website or any Services and supersedes all
prior or contemporaneous communications and proposals between you and iaRadio.
21.
Information or
Complaints
If you
would like any further