++TERMS & Conditions for Posting to TVBUSA CLASSIFIED ADS
1. Acceptance of This Agreement
By providing or uploading (“Posting”) your message, text, files, images, photos, video, sound, or any other materials (“Ads”) to the TVBUSA.com Classified Ads (“TVBc”), you (the “User”) accept these Terms and Conditions (“T&C”). These T&C constitute a binding agreement (the “Agreement”), governing use of the TVBc, between User and TVB (USA), Inc. (“TVB”). By using any of the services in any way provided by TVBc, User acknowledges and agrees to be bound by the T&C. In addition, when using any TVBc service, User agrees to abide by any applicable guidelines for that TVBc service, which may change from time to time. Should User objects to any term or condition of this Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with TVBc in any way, User’s only recourse is to immediately discontinue use of TVBc.
2. Modifications to This Agreement
TVB reserves the right, at its sole discretion, to change, modify or otherwise alter any part of this Agreement at any time by posting such modifications on the TVBc. Unless as stated below, all modifications shall automatically be effective upon posting on the TVBc. User agrees to review this Agreement regularly to ensure that User is aware of any modifications.
3. Rules for Classified Ads
TVB provides this TVBc for any User, who applies and gets accepted by TVB to place Ads on our website so that the users of our website can view the Ads. It is the sole discretion of TVB to accept or reject any User or any or all contents of the User’s Ads. TVB is not responsible for any content in the Ads. It is the sole responsibility of the User, who makes available of each and every content of the Ads including but not limited to any messages, text, files, images, photos, video, sounds, links or other contents posted on, transmitted through, or linked from the TVBc. TVB may establish limits concerning use of the TVBc, including the maximum number of days that Content will be retained by TVB, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by TVB, and the frequency with which you may access TVBc. TVB has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by TVBc. TVB may, in its sole discretion, preserve or disclose your Ads, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any content of the Ads violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TVB, its users or the general public.
User agrees not to post or otherwise make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
- That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
- That is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
4. User’s Warranties
User represents and warrants that:
- User complies with all T&C and guidelines of this Agreement.
- Information provided to TVB, and contained in the Ads is accurate and complete.
- User is responsible to bear all risks associated with any and all contents including any links to other sites in the User’s Ads.
- User has the right to grant and by using TVBc, it automatically grants to TVB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the said Ads and to prepare derivative works of, or incorporate into other works, said Ads, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
5. COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
TVB responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the alleged infringing material is located.
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Copyright Agent: Legal Department – TVB (USA), Inc.
15411 Blackburn Ave, Norwalk CA 90650
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in [Los Angeles, California], and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
After TVB receives your counter-notification, TVB will forward it to the party who submitted the original claim of copyright infringement. Please note that when TVB forwards the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. TVB will not forward the counter-notification to any party other than the original claimant.
After TVB sends out the counter-notification, the claimant must then notify TVB within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If TVB receives such notification it will be unable to restore the material. If TVB does not receive such notification, it may reinstate the material.
6. PAID POSTINGS
TVB may charge a fee to post Ads in some areas of the TVBc. The fee is an access fee permitting Ads to be posted in a designated area. Each party posting Ads to TVBc is responsible for said Ads and compliance with this Agreement. All fees paid will be non-refundable in the event that Ads is removed from the Service for violating this Agreement.
7. TERMINATION OF SERVICE
User agrees that TVB, in its sole discretion, has the right (but not the obligation) to delete or deactivate User’s account, block User’s email or IP address, or otherwise terminate User’s access to or use of the TVBc (or any part thereof), immediately and without notice, and remove and discard any or all of the Ads with or without any reason. Further, User agrees that TVB shall not be liable to User or any third-party for any termination of User’s access to TVBc. Further, User agrees not to attempt to use TVBc after said termination.
9. DISCLAIMER OF WARRANTIES
User agrees that use of the TVBc and its service is entirely at User’s own risk. The TVBc and its service are provided on an “As is” or “As available” basis, without any warranties of any kind. All expressed and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, TVB disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the TVBc and its service. To the fullest extent permitted by law, TVB disclaims any warranties for other services and goods received through or advertised on the TVBc or the sites or service, or accessed through any links on the TVBc site. To the fullest extent permitted by law, TVB disclaims any warranties for viruses or other harmful components in connection with TVBc, its site or its service.
10. LIMITATIONS OF LIABILITY
Under no circumstances shall TVB be liable for direct, indirect, incidental, special, consequential or exemplary damages, resulting from any aspect of User’s use of the TVBc, its site or its service, whether the damages arise from use or misuse of TVBc, its site or its service, from inability to use the TVBc, its site or its service, or the interruption, suspension, modification, alteration, or termination of TVBc, its site, or its service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with TVBc, its site or its service or any links on the TVBc, as well as by reason of any information or advice received through or advertised in connection with TVBc, its site or its service or any links on TVBc, its site or its service. These limitations shall apply to the fullest extent permitted by law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TVB’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO TVB DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
User agrees to indemnify and hold TVB, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of User’s Ads you submit, post or make available through TVBc, your use of TVBc or its service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
12. ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS
You and TVB agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and TVB hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and TVB relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TVB will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or TVB from seeking action by federal, state, or local government agencies. You and TVB also have the right to bring qualifying claims in small claims court. In addition, you and TVB retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor TVB may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or TVB’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with TVB.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TVB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
13. GENERAL INFORMATION
The T&C constitute the entire agreement between User and TVB and govern User’s use of the TVBc, superseding any prior agreements between User and TVB. The T&C and the relationship between User and TVB shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and TVB agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of TVB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TVBc, its site or its service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Contact Us
User may contact TVB by using email address listed on the “Contact Us” of this site.