TVOKAY - TV Streaming

These Terms of Service describe the terms and conditions under which you may use the TVOKAY website ("Site"). These terms and conditions constitute a legally binding agreement ("Agreement") between TVOKAY and you, the user of the Site (hereinafter "you," and collectively with other users of the Site, "User" or "Users"). If you use the Site as an employee of, on behalf of, or for the benefit of your employer or other entity, you represent to TVOKAY that you have the power and authority to accept this Agreement on behalf of your employer or company. You and your company will be deemed Users under this Agreement. If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement on behalf of your company, you may not use this Site and TVOKAY is unwilling to grant you access to the Site. TVOKAY may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on October 9, 2007.

1. Content Types.

While using the Site, you may have access to the following content types:
Third Party Content. TVOKAY provides a web interface by which Users may access to view text, image and video content hosted by third party websites. TVOKAY does not and cannot monitor content posted to third party websites. TVOKAY does not produce any third party websites content or post content to third party websites and link it from our site. Consequently, TVOKAY has no control over the quality, origin or legality of the content that can be accessed from our site. Content posted to third party websites may be subject to copyright protection and other restrictions imposed by the holder of the copyright to such content. You are solely responsible for determining whether your use of content posted to third party websites is lawful.

2. Restricted Areas of the Site.

Certain functions of the Site are restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information. It is your responsibility to maintain the accuracy of any information provided to TVOKAY. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to notify TVOKAY if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to hold TVOKAY harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by TVOKAY in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your screen name, account or password violates any applicable law or regulation, any third party rights, or incurs any fees or liabilities by virtue of having used your account.

3. Privacy Policy.

Your use of the Site is governed by TVOKAY's Privacy Policy, which is incorporated into this Agreement by reference.

4. Term and Termination.

This Agreement will commence upon your access to the Site and will continue until terminated by either party. Either party may immediately terminate this Agreement for any reason, provided that TVOKAY will not terminate your access to the Site unless you breach this Agreement or unless your subscription expires. TVOKAY will terminate your access to the Site and this Agreement if you repeatedly violate Agreement. TVOKAY reserves the right to terminate the account of any TVOKAY subscriber who initiates litigation against TVOKAY. TVOKAY is not obligated to provide notice of termination to you. The election to terminate this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination.

5. Third Party Interaction.

In your use of the Site you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third parties that advertise on this Site. Unless otherwise stated in writing by TVOKAY, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion is solely between you and the applicable third party. You agree that TVOKAY has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. TVOKAY does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content, or any associated information. You acknowledge that any use, access to, or reliance on third party content or websites is at your own risk.

6. Disclaimer of Warranty.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TVOKAY MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. TVOKAY DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. TVOKAY MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE "AS IS" AND DOES NOT WARRANT (I)ANY MATERIAL AVAILABLE ON THIRD PARTY SITES OR PROVIDED TO TVOKAY BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED PREMIUM CONTENT OR USER POSTS; (II)THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT TVOKAY CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO TVOKAY, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION11 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF TVOKAY CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

7. Disclaimer of Liability.

7.1 Liability Limit. TVOKAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO YOUR USE OF THE SITE.
7.2 Consequential Damages. IN NO EVENT WILL TVOKAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION OR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
7.3 Additional Rights. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTIAN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF TVOKAY CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.

8. General.

8.1 Assignment. You may not assign this Agreement, in whole or in part, or your rights or obligations under this agreement, without TVOKAY's prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
8.2 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
8.3 Email Promotions. You hereby consent to receive notification from TVOKAY of promotions and other notices to the email address that you provide to TVOKAY.
8.4 Cooperation. You acknowledge that TVOKAY will report to law enforcement authorities any actions that may be considered illegal. When requested, TVOKAY will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
8.5 Miscellaneous. A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.

If you have any questions concerning this Agreement, please contact us.