TERMS OF SERVICE

You may only use TotalAccessTV pursuant to the TotalAccessTV Terms of Service (this “Agreement”), which you accept by your use of TotalAccessTV. TotalAccessTV reserves the right to modify or revise this Agreement at any time in its sole discretion. Any such modification to this Agreement shall be effective immediately upon being posted on TotalAccessTV unless otherwise stated. You are legally bound by such modifications or revisions, and therefore you should regularly review the most current version of these terms.  Your continued use of TotalAccessTV following TotalAccessTV’s posting of any changes or modification to these Terms of Service will constitute your acceptance of such changes or modifications.  In the event that you do not agree to any changes or modifications of this Agreement, you should not continue to use TotalAccessTV.    

 

Description of Service

TotalAccessTV provides access to various publishing and communication tools which can be used to publish, display, perform, transmit or otherwise distribute (hereinafter “Post”) information or content provided by a user, including, without limitation, messages, photographs, audio files, video files, and live streaming video (hereinafter “Content”) on the Internet. TotalAccessTV includes the services provided by the TotalAccessTV social networking website [www.TotalAccessTV.com]

 

Charges

Use of the TotalAccessTV social networking website and most Services are free. Certain services, including, without limitation, PayPerView and Subscription Based services are available on a and require a fee in accordance with the Fee Schedule associated with that Service. You agree that TotalAccessTV may charge to your credit card or other payment mechanism selected by you and approved by TotalAccessTV (“Your Account”) all amounts due and owing for the Services, if any, including Membership Fees, Setup Fees, Transaction Fees, or any other fee or charge associated with your use of the Services. TotalAccessTV may change prices at any time without prior notice. You agree that in the event TotalAccessTV is unable to collect the fees owed to TotalAccessTV for the Services through your Account, TotalAccessTV may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by TotalAccessTV in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that TotalAccessTV may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

 

Membership Eligibility

Certain features of TotalAccessTV are only available to Members who have completed a membership application and registered a valid user name and password. Membership is available to anyone 18 years of age or older. You must be at least 18 years of age (or the minimum age of majority in your state), and able to form legally binding contracts if you wish to register for the PayPerView.  

Your membership is solely for your personal use and is not transferable. You shall not authorize others to use your user name. TotalAccessTV reserves the right to cancel any Member account and user name at any time, for any reason, in its sole discretion.

 

User Name and Password

You must have a valid email address in order to register for a user name and password on TotalAccessTV.  When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that TotalAccessTV considers in its sole discretion as being inappropriate.

You must have a valid email address in order to register for a user name and password on TotalAccessTV. When registering your user name and password, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use the user name of anyone else without authorization, (3) use a user name in violation of the intellectual property rights of any person or entity, or (4) use a user name that TotalAccessTV considers in its sole discretion as being inappropriate.

You are solely responsible for the use and maintenance of your user name and password. You may change your password at any time (by going to the TotalAccessTV website home page and clicking on “Edit Profile”). You agree to notify TotalAccessTV of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session.

 

 

Proprietary Rights in Content Created by TotalAccessTV

TotalAccessTV owns and retains all proprietary rights in TotalAccessTV. The compilation of all Content on TotalAccessTV is the exclusive property of TotalAccessTV (or its partners or Licensors). Except as otherwise provided in “User Content” below, all Content, including but not limited to text, software, music, sound, photographs, video, graphics, Java script code, and HTML code, presented to you on or through TotalAccessTV by TotalAccessTV or TotalAccessTV’s affiliates and advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by TotalAccessTV, its affiliate or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without the express written permission from TotalAccessTV, its affiliate or the advertiser. Content on TotalAccessTV is provided to you AS IS for your information and personal use only and may not be downloaded, 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. TotalAccessTV reserves all rights not expressly granted in and to the TotalAccessTV and the Content.

 

No Malicious Use

You shall not use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the websites, Services, or any network or networks connected to the Services or security systems.

 

TotalAccessTV's Rights in User Content

By Posting Content to TotalAccessTV, you warrant and represent that you own the rights to that Content or are otherwise authorized to Post, display, perform, transmit, or otherwise distribute and sublicense that Content. If you are a TotalAccessTV PayPerView or Subscription Service Host, you also warrant and represent that you have the right to exploit that content. You or the owner of the Content retain ownership of all right, title, and interest in Content that you Post, display, perform, transmit, or otherwise distribute on TotalAccessTV. However, you grant TotalAccessTV a license to use and distribute the Content you Post on TotalAccessTV until a commercially reasonable time after you have deleted the Content. More specifically, by Posting, downloading, displaying, performing, transmitting, or otherwise distributing Content on TotalAccessTV, you are granting TotalAccessTV, its, affiliates, and their subsidiaries, assigns, employees, agents and licensees worldwide, royalty-free, sublicensable and transferable right to reproduce, display, distribute, adapt, prepare derivative works of, promote and perform that Content in any medium and through any media channel in connection with TotalAccessTV business as well as the right to use throughout the universe your professional name, likenesses, other identifications, and biographical material concerning you which you have Posted to TotalAccessTV, in connection with the advertising and promotion of TotalAccessTV. This includes, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat the Content, and to publish, disclose and use your name in connection with your Content. You will not be compensated by TotalAccessTV for any Content which you Post or for the use of your name or likeness used in accordance with the above. The above licenses granted by you terminate within a commercially reasonable time after you have deleted the Content.

 

Restrictions on Posting Content

You are solely responsible for all Content Posted by you and all Content Posted under your user name, including, without limitation, photographs, audio files, video files, and live streaming video, as well as any communication with other members via the TotalAccessTV instant message service and TotalAccessTV internal email service. You may use TotalAccessTV for lawful purposes only. You may not Post or transmit, whether publicly or privately, any material that (a) is false, misleading, deceptive, deceitful, or constitutes “bait and switch”;(b) employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content Posted; (c) contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful programs; (d) harasses, threatens, or abuses another person; (e) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable; (f) violates any applicable law restricting the export or import of data, software, or any other content, or encourages conduct that would constitute a criminal offense; (g) gives rise to civil liability; (h) advertises or otherwise solicits funds or is a solicitation for goods or services, other than that which is incidental to your use of the PayPerView service; (i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; or (j) otherwise violates any applicable local, state, national or foreign law or regulation.