TERMS OF USE

General Terms of Use
By accessing BOX5-TV you are agreeing to be bound by these Web Site Terms & Conditions of Use and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to BOX5-TV shall be governed by the laws of the Louisville, Kentucky in the United States. The materials contained on BOX5-TV are protected by applicable copyright and trade mark laws.

BOX5-TV reserves the right to change these terms and conditions at any time, and you agree that each visit you make to the Web Site shall be subject to the current terms and conditions as published on our website at box5tv.com & box5.com.

Disclaimer and Limitation of LiabilityThroughout BOX5-TV there may be links and pointers to Internet sites maintained by third parties, sometimes through third party advertisements. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any of our respective affiliated companies operate or control in any respect any information, products or services that third parties may provide on or through the Web Site or on websites linked to by us on the Web Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEB SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Web Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

The Web Site is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The Web Site should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Certain sections of the Web Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Web Site or on a site linked to by the Web Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Web Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Web Site. You agree to use the Web Site and to purchase services or products through the Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

In no event shall BOX5-TV or its service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on BOX5-TV’s even if BOX5-TV has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in Bulletin Boards, Chat Rooms, or other electronic forums conducted on the Web Site are not necessarily those of BOX5-TV or its service providers, affiliates, associates, subsidiaries or partners and BOX5-TV makes no representations or warranties regarding that information or those opinions. Neither BOX5-TV or its service providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such forums.
Limited LicenseBOX5-TV hereby grants you a limited license to view on your computer, print, download any content made available on BOX5-TV for which a fee is not charged, for non-commercial, personal, or educational purposes only. Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of BOX5-TV or any other party who owns or has proprietary rights to the content, information and materials provided on BOX5-TV.

Preservation of Intellectual Property Rights
All material on this site, including, but not limited to images, illustrations, video, and multimedia materials, is protected by copyrights which are owned and controlled by BOX5-TV or by other parties that have licensed their material to BOX5-TV. Material from this Web Site or from any other web site owned, operated, licensed or controlled by BOX5 MEDIA. may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

Changes and Improvements
BOX5-TV may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on BOX5-TV including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues
Due to the nature of the Internet, it is not possible for BOX5-TV to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from BOX5-TV. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

BOX5-TV offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that BOX5-TV intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained in BOX5-TV’s web site are presented solely for the purpose of providing information to persons primarily located in THE UNITED STATES. This site is controlled and operated by BOX5 MEDIA. from its offices in Louisville, Kentucky. BOX5-TV makes no representation that any of the materials contained in the Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This agreement shall be governed by and construed in accordance with the laws of Louisville, Kentucky and the laws of the United States and users of the Web Site irrevocably attorn to the jurisdiction of the courts of Louisville, Kentucky. Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy
BOX5-TV appreciates and respects the privacy concerns of the visitors to its web site. Certain information may be recorded by BOX5 Media and the Web Site as a matter of course by BOX5-TV’s servers in order to track the number of visitors to the Web Site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers may include the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service provider. Collecting this information allows provider to optimize the visitor’s web site experience. Email addresses and other personally identifiable data about visitors to this site are known to BOX5-TV only if and when voluntarily submitted by the visitor, for example through the registration process. All personal information collected by BOX5-TV is retained by BOX5 Media and not sold or otherwise provided to third parties, unless there is a disposition of the Web Site or of part or all of BOX5 Media’s business. BOX5-TV sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided BOX5-TV with their email addresses and their consent. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties, notwithstanding that this is expressly prohibited by these Terms and Conditions of Use.

Many of BOX5-TV’s web pages may place a “cookie” in the browser files of a visitor’s computer. The cookie itself may not contain any personal information. Although cookies may enable BOX5-TV to relate a visitor’s use of BOX5-TV’s site to information that the visitor may have specifically and knowingly provided, BOX5-TV does not do so for any sites specifically designed for and aimed at children. BOX5-TV believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Conduct
In order to maintain an informative and valuable service that meets the needs of the users of the Web Site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.

You may not:Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Web Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Web Site.

Use the Web Site to instigate or encourage others to commit illegal activities or cause injury or property damage or interfere with business interests or contractual relations of any person.

Gain unauthorized access to the Web Site, or any account, computer system, or network connected to this Web Site, by means such as hacking, password mining or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Web Site.

Use the Web Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law.

Use the Web Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Web Site to post or transmit any information, software or other material that contains a virus or other harmful component.

Use the Web Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

Use the Web Site to advertise or solicit to anyone to buy or sell products or services, to cease using the Web Site, to visit another competing Web Site, or to make donations of any kind, without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

You agree to indemnify BOX5 Media and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Web Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Service. We also reserve the right to deny access to the Web Site or any features of the Web Site to anyone, for any reasons, including as a result of persons who violate these Terms and Conditions of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via BOX5-TV in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending a message to BOX5-TV via the messaging system accessible here: BOX5 Support.

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

To access certain features of the Web Site, we may ask you to provide certain demographic information including your gender, year of birth, postal/zip code and country. In addition, if you elect to register for the Web Site you may also be asked such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Delivery
All media purchased through BOX5 Media will be delivered digitally and deposited directly into the purchasers account.

Refunds
Due to the nature of digital media, all sales are final.

Passwords
To use certain features of the Web Site, you will need a username and password, which you will receive through the Web Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination
We may cancel or terminate your right to use the Web Site or any part of the Web Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions of Service, shall survive.

Ownership
BOX5-TV (the “Web Site”) is owned and operated by BOX5 Media of Louisville, Kentucky.