Terms of Use

YOUR ACCEPTANCE OF THESE TERMS OF USE

The Peter Rodgers Organization, Ltd., PRO, PROClassicTV, trademarks, and services are fully owned and operated by Peter Rodgers Organization, Ltd. (PRO). By using and/or visiting this service (collectively, including all Content available through the www.PROClassicTV.com domain name(s) and/or other software applications, (hereinafter referred to as PRO or Website), you signify your agreement to both the Terms of Use herein, (the ‘Terms of Use’) as well as the Terms of Use of the PRO Privacy Notice, which is published at http://www.PROClassicTV.com/privacy and which are incorporated herein by reference. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT ACCESS OR USE ANY OF THE PRO PROPERTIES.

THE WEBSITE
These Terms of Use apply to all users of the Website, including users who are also contributors of ‘Content’, which is herein defined as videos, films, High Definition content, technological tools, information, text, posts, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by PRO. PRO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PRO will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve PRO from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the Terms of Use and privacy policy of each other website that you visit.

WEBSITE ACCESS

  1. PRO hereby grants you nonexclusive, nontransferable, and revocable permission to use the Website as set forth in this Terms of Use, provided that:
    1. your use of the Website as permitted is solely for your personal, noncommercial use;
    2. you will not copy or distribute any part of the Website in any medium without PRO’s prior written authorization;
    3. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
    4. you will otherwise comply with the Terms of Use of these Terms of Use.
  2. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PRO immediately of any breach of security or unauthorized use of your account. Although PRO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of PRO or others due to such unauthorized use.
  3. You agree not to use or launch any automated system, including without limitation, ‘robots,’ ‘spiders,’ ‘offline readers,’ etc., that accesses the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, PRO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. PRO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website, except all User Submissions (as defined below), including without limitation, the text, User Posts, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (‘Content’) and the trademarks, service marks and logos contained therein (‘Marks’), are owned by, represented by or licensed to PRO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. PRO reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content supplied or created by third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for your personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the PRO Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PRO Website or the Content therein.

USER SUBMISSIONS

  1. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users (‘User Submissions’) and the hosting, sharing, and/or publishing of such User Submissions. You may execute a separate contract with PRO regarding your User Submission; however, the provisions of this Section 5 shall apply tour User Submission, unless specifically modified by the provisions or language of your contract with PRO. You understand that whether or not such User Submissions are published, PRO does not guarantee any confidentiality with respect to any submissions.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
    1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize PRO to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
    2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to PRO, you hereby grant PRO a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
  3. In connection with User Submissions, you further agree that you will not:
    1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written and current permission from their rightful owner to post the material and to grant PRO all of the license rights granted herein;
    2. publish falsehoods or misrepresentations that could damage PRO or any third party;
    3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
    4. post advertisements or solicitations of business:
    5. Impersonate another person. PRO does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PRO expressly disclaims any and all liability in connection with User Submissions. PRO does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PRO will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. PRO reserves the right to remove Content and User Submissions without prior notice. PRO will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. PRO also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. BIGSTAR may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
  4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  5. PRO’s designated Copyright Agent to receive notifications of claimed infringement is:
    Peter Rodgers Organization, Ltd.
    P.O. Box 2110
    Hollywood, CA 90028
    Tel 323-962-1778
    info@proclassictv.com
  6. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PRO customer service through info@proclassictv.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
  7. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that PRO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BIGSTAR with respect thereto, and agree to indemnify and hold PRO, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  8. PRO permits you to link to materials on the Website for personal, non-commercial purposes only. PRO reserves the right to discontinue any aspect of the Website at any time.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PRO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL PRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
  3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
  5. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  6. ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PRO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE IS CONTROLLED AND OFFERED BY PRO FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. PRO MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

INDEMNITY

You agree to defend, indemnify and hold harmless PRO, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Website;
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, uses, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PRO without restriction.

GENERAL

You agree that:

  1. the Website shall be deemed solely based in California; and
  2. the Website shall be deemed a passive website that does not give rise to personal jurisdiction over PRO, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and PRO that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the country of Los Angeles, California, and you agree to submit to the jurisdiction of the State and Federal courts of the State of California in the event of a dispute. These Terms of Use, together with the Privacy Notice at http://www.PROClassicTV.com/privacy  and any other legal notices published by PRO on the Website, shall constitute the entire agreement between you and PRO concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PRO’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. PRO reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

By agreeing to the terms and conditions, you also agree to any rules and regulations that may be added or changed at any time throughout the PRO site.