This Terms of Service and End-User License Agreement (“Agreement” or “EULA”) regulates your use of the “Type2TV Application” and Services (described in Section 3), Produced by Ovalay L.C, its Subsidiaries and Business Partners designed to operate with your device’s operating system. The Application (App.), is licensed, not sold.
You, the end-user of the Application, approve that the Agreement is entered into by and between Type2TV, only and you. You also acknowledge that the operating system that powers your device has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Your use of the Application endorses your acceptance of the terms of this Agreement, which may be amended from time to time by Type2TV. The most recent version of this Agreement shall always be available on the Internet at www.Type2tv.com. Type2TV reserves the right to change or modify this Agreement or any other Type2tv policies related to use of the App or Services at any time, and at its sole discretion, by posting revisions on the Internet at www.Type2tv.com. Continued use of the Application and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Subject to the terms of this Agreement, Type2TV grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use the Application, in executable object code format only, solely on your Device listed as compatible or supported on www.type2tv.com.
You agree to the following license restrictions: (a) to use the Application solely for your personal, noncommercial use; (b) to not duplicate, copy or distribute the Software except as necessary to use it on your Compatible Device listed on www.type2tv.com; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; (d) to not copy the written materials accompanying the Application; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the Application and all copies thereof.
2. Copyrights and Trademarks
You acknowledge that no title to the intellectual property in the Application is transferred to you. You further acknowledge that title and full ownership rights to the Application will remain the exclusive property of Type2TV, and you will not acquire any rights to the Application, except as expressly set forth above. All title and copyrights in and to the Application (including but not limited to any images, photographs, animations, video, audio, music, text incorporated into the Application), the accompanying printed materials, and any copies of the Application, are owned by Type2TV or its Producer – Ovalay LC.
This Application is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties.
All trademarks or Logos appearing in the Application, its Services or Agreement are the property of their respective owners.
The App may enable access to Type2TV’s and Third-Party services and websites (collectively and individually, “Services”). Use of the Services may require Internet access and you accept additional terms of service by making use of these Internet-accessible Services.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the Third Parties’ results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. You agree to use the Services at your sole risk and that Type2TV shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You acknowledge that the content you encounter does not necessarily reflect the opinions or policies of Type2TV.
Certain Services may display, include or make available content, data, information, applications or materials from (“Third-Party Materials”) or provide links to certain Third-Party websites. By using the Services, you acknowledge and agree that Type2TV is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Type2TV does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services, Third-Party Materials or web sites, or for any other materials, products, or services of Third Parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.
You agree that the Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Type2TV is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked to from your Mobile Device are not available in all languages or in all countries. Type2TV makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to, applicable local laws.
Type2TV reserves the right to change, suspend, remove, terminate, or disable access to any Services for any or no reason at any time without notice. In no event will Type2TV be liable for the removal of, termination, or disabling of access to any such Services. Type2TV may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
You agree that each photograph you upload to the application may be reviewed by Type2TV for potential technical, non-technical or decency issues, such as: being out of focus, lacking sharpness, or sufficient resolution to display your photographs; containing offensive, indecent, or objectionable behavior or content; violating the rights of any person or entity; or harming or threatening the safety of any person or entity. You agree that Type2TV may reject, remove, ban, delete or refuse to post a photograph for any or no reason. You agree to waive any right to contest any decision by Type2TV to reject, remove, ban, delete, or refuse to host a photograph.
iii.) Use of Your Photographs by Type2TV
Type2TV does not claim ownership of any photographs you upload. However, Type2TV does need certain rights from you, with respect to your photographs, in order to operate. Therefore, with respect to your photographs, you grant Type2TV a worldwide, royalty-free, non-exclusive, fully sub-licensable license to use, distribute, reproduce, modify and publicly display your photographs (in whole or in part) for the purposes of operating the Application and enabling your use of the Type2TV.
You agree that Type2TV shall have the right to archive copies of any photograph you upload, and to use a copy of that photograph to promote this Application now and in the future.
You agree that Type2TV shall have the right to display any photograph you upload. You agree that Type2TV can track data on contents you upload using whatever tools are available.
iv.) Removal of Photograph
Should you wish to have your account deactivated, please e-mail Type2TV at firstname.lastname@example.org with your request to have any information associated with your e-mail address removed. Type2TV will remove your Information as soon as practicable.
If you believe that a photograph infringes your copyright, please e-mail a Takedown Notice which complies with 17 U.S.C. § 502(c)(3) to email@example.com
v.) Use of Your Content by Others
You hereby grant other users of the Type2TV a worldwide, royalty-free, non-exclusive license to view any photograph you upload that is hosted by Type2TV.
You agree to permit other users of Type2TV to speak upon any content you upload using whatever tools are available.
vi.) Use of Your Personal Information
In order to use to Type2TV, you are required to provide an e-mail address. If you choose not to provide an e-mail address, you may not be able to use certain features of the Application. By entering your e-mail address you agree that Type2TV can use your e-mail address to identify your photographs and to send you electronic communications, concerning Type2TV, the Application, and its Services. Type2TV will not distribute, rent or sell your e-mail address. No other personal information will be collected by the Application. You have the option of utilizing the Application to chat, share and uploaded contents with your friends, family and the public through the Application itself, e-mails and social media networks including Google, Facebook, and Twitter. In order to facilitate the sharing of your photographs or to merge profile and contacts from social media networks, the Software may store your social media network information on your Powered Device, but that information is not shared with Type2TV. Additionally, no information concerning the identity of the persons with whom you have shared your photographs is transferred to Type2TV.
Location-Based Information. Type2TV does not collect personally identifying location-based data from you through the Application. You agree that Type2TV may collect location-based data from you through the Application, and may use this information, as long as it is in a form that does not personally identify you (see Section 14).
Your e-mail address and non-personally identifying location-based information collected through the Application may be processed in the United States or another country outside the one in which you reside. By using the Application, you agree to any such transfer of information outside of your country.
Type2TVs most current Policies, available at www.type2tv.com, applies to use of the Application, and its terms are made a part of this EULA by this reference.
The App displays advertisements and promotions, and you agree that Type2TV may place such advertisements and promotions on, about, or in conjunction with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising and promotion are subject to change without specific notice to you.
4. Updates or Upgrades to the Application
Type2TV is not obligated to provide any support, updates or upgrades to the Application.
5. No Warranty
Type2TV does not warrant against interference with your enjoyment of the Application, that the functions contained in, or Services performed or provided by, the Application will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects in the Application or Services will be corrected. Type2TV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. Type2TV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, etc. due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Type2TV Services. No oral or written information or advice, given by Type2TV or its authorized representative shall create a warranty.
6. Limitation of Liability
To the extent not prohibited by law, in no event shall Type2TV be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application or Services, however caused, regardless of the theory of liability and even if Type2TV has been advised of the possibility of such damages. In no event shall Type2TV’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount price paid for the Application, if any. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
7. Indemnification by You
You are fully responsible for any content You upload and are aware that You, and not Type2TV will be held liable for money damages for infringing content posted or uploaded to the Application.
You agree to indemnify and hold Type2TV, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Application or Services in violation of this Agreement, arising from a breach of this Agreement, any breach of your representations or warranties, or if any content you upload to the Services causes Type2TV to be liable to another.
8. Third Party Intellectual Property Claims
Type2TV shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Type2tv App. To the extent Type2TV is required to provide indemnification by applicable law, Type2TV shall be solely responsible for any investigation, defense, settlement and discharge of any claim that the Type2TV App or your use of it infringes any third party intellectual property right.
9. Injunctive Relief
Type2TV has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
10. Choice of Law, Jurisdiction, and Venue
You agree that any disputes between Type2TV and you shall be resolved under the substantive law of the state of Maryland (exclusive of its choice of law provisions). You and Type2TV agree to submit all disputes to the exclusive jurisdiction of the state and federal courts located in Rockville, MD, USA.
Type2TV’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
12. Product Questions, Comments, Claims and Contact Information
Type2TV is responsible for addressing any questions, comments or claims relating to the Application and/or your use of the Application. If you have any comments, questions, or reports, please contact Type2TV at the following e-mail address: firstname.lastname@example.org
You may terminate the Terms of Service at any time by discontinuing your use of the App. Even if you discontinue your use of the App, we may continue to display Your Content unless you contact us at email@example.com and request removal. If possible, and where practicable, we will do our best to remove Your Content.
14. Consent To Use Of Data
You agree that Type2TV may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of application updates, product support and other services to you (if any) related to the Application. Type2TV may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
16. Application Availability
The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
This Agreement constitutes the entire agreement between you and Type2TV regarding the use of the Application and supersedes any prior or contemporaneous understandings and agreements between you and Type2TV related to its subject matter.