TERMS

Welcome to "NightVision NY by Wireless TV & Studios ". NightVision NY by Wireless TV & Studios Inc. develops and maintains a website and owns related technologies that facilitate the distribution of video content from participating content creators. These services and technology are referred to after this as the "Service." Your access to and use of this Service is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification. Please read this document carefully before using this site. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, DO NOT USE THIS SITE IN ANY MANNER. If you are using this site on behalf of your employer, you represent that you are authorized to accept these terms and conditions. You represent that you have the lawful right to submit any information you provide and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential. User of NightVision NY by Wireless TV & Studios and its Service is hereby referred as "You".

Modifications.

These terms and conditions apply to all visits to the NightVision NY by Wireless TV & Studios Web site, both now and in the future. NightVision NY by Wireless TV & Studios may at any time revise these terms by updating this posting. Your continued use of this site following the posting of changes will signify your acceptance of those changes.

 

Age Requirements and Limitations on Use of Service.

Users of the Service must be at least 21 years of age.
Children under the age of 21 are not permitted to use the Service and NightVision NY by Wireless TV & Studios Inc. does not knowingly collect any personally identifiable information of children under the age of 21. If NightVision NY by Wireless TV & Studios Inc. determines that it has collected personally identifiable information of any child under the age of 21, NightVision NY by Wireless TV & Studios Inc. will immediately delete such information and will not use it.

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Disclaimer of Warranty and Limitations of Liability.

NightVision NY by Wireless TV & Studios Inc. expressly disclaims any responsibility or liability for the use of the Service by you. NightVision NY by Wireless TV & Studios Inc. also disclaims any and all responsibility or liability for:
the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this Site.
the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
any harm resulting from downloading, or accessing any information or material through the Site.
THIS SITE AND SERVICE PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NIGHTVISION NY BY WIRELESS TV & STUDIOS INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. NIGHTVISION NY BY WIRELESS TV & STUDIOS INC. DISCLAIMS ANY WARRANTIES OR LIABILITY FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PHONE, COMPUTER, AND /OR OTHER MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL NIGHTVISION NY BY WIRELESS TV & STUDIOS INC. BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NIGHTVISION NY BY WIRLESS TV & STUDIOS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification.

You agree to defend, indemnify, and hold harmless NightVision NY by Wireless TV & Studios Inc. and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) your use or misuse of the Services or any person to whom you have granted access to the Service, (ii) your violation of any of these Terms, or (iii) any other activity related to your account (including, without limitation, negligent or wrongful conduct). NightVision NY by Wireless TV & Studios Inc. reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with NightVision NY by Wireless TV & Studios Inc. and its counsel in the conduct of such defense.

Choice of Law.

 

These Terms shall be governed by and construed in accordance with the laws of the New York State, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Service shall be filed only in the federal courts located in New York State, or state courts located in the county of, Manhattan and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. 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 the Services or these Terms must be filed within one (1) year after such claim or cause of action first arose or be forever barred.

 

Entire Agreement.

These Terms constitute the entire agreement between the You, the user, and NightVision NY by Wireless TV & Studios Inc. with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between NightVision NY by Wireless TV & Studios Inc. and You with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with NightVision NY by Wireless TV & Studios Inc. are incorporated herein by this reference to the extent they do not conflict with these Terms. If a court should find that one or more rights or provisions contained in these Terms are invalid, You agree that the remainder of the Terms (including, without limitation, the rest of the unenforceable provision) shall be enforceable.

Effective Date.

The effective date of this version of the Terms and Conditions is October 30, 2007.