Host Agreement

DSTVN HOST AGREEMENT

 

Terms and Services

 

The website, mobile service and television service of Direct Sales Television Network (“DSTVN”, “we”, or “us”). This page explains the terms by which you may host and use our online and/or mobile services, website, and software provided on or in connection with the service, including without limitation DSTVN Match, DSTVN Event, and DSTVN Messenger (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by the Terms and Services for DSTVN Host Agreement (“Agreement”) and to the collection and use of your information as set forth in the DSTVN Privacy Policy http://www.DirectSales.tv/privacy, whether or not you are a registered user of our Service. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  1. Use of Our Service

DSTVN provides a hosted internet television station service.

  1. Eligibility

Our customers trust DSTVN to present confidential documents and assets. We earned that trust with technology to keep video and personal information and content secure and confidential. The DSTVN platform provides:

  1. DSTVN Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. DSTVN reserves all rights not expressly granted herein in the Service and the DSTVN Content (as defined below). DSTVN may terminate this license at any time for any reason or no reason.

  1. DSTVN Accounts

Your DSTVN account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a DSTVN account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to DSTVN with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may not share your account or password with anyone. 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. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify DSTVN immediately of any breach of security or unauthorized use of your account. DSTVN will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings in your “Account Page”. By providing DSTVN your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your “Account Page”. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  1. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the DSTVN servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other DSTVN Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. DSTVN shall have no liability for your interactions with other Users, or for any User’s action or inaction.

  1. Restrictions

You will not, and will not permit any other party to: (i) disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Service to any third party or use the Service to provide time sharing or similar services for any third party; (iii) modify, copy or make derivative works based on any part of the Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service; (v) delete the copyright and other proprietary rights notices on the Service; (vi) interfere with or disrupt the integrity, operation or performance of the Service or the data contained therein.
You acknowledge that DSTVN may from time to time issue upgraded versions of the Service, and may automatically electronically upgrade the version of the Service that you are using. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Service is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. DSTVN reserves all rights not expressly granted under this Agreement.
If the Service is being acquired on behalf of the United States Government, then the following provision applies: Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Service originates in the United States, and is subject to United States export laws and regulations. The Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Service.
The Service is available via various licensing tiers (each a “Plan”). Each Plan licensee is assigned a unique user identification name and password (“User ID”) for access to and use of the Service. User IDs cannot be shared or used by more than one Plan licensee at a time. Each Plan provides for a maximum number of participants (each a “Participant”) who can attend any given conference (such limitations listed here: https://www.DSTVN.com/plans). You may not permit more than the maximum number of Participants to attend a conference initiated via your User ID. In addition, you agree to abide by any additional Plan restrictions outlined in any Plan documentation provided to you by DSTVN.

  1. User Content

DSTVN provides a hosted internet television station.

Users may provide or post audio or video content, documents, comments, questions, and other content or information through the Service (“User Content”). Except where otherwise stated under this Agreement, including the terms outlined under Section 16 (DSTVN Provides the following Services to Host) below, DSTVN claims no ownership rights over User Content created by you. The User Content you create remains yours; however, by posting, providing or sharing User Content through the Service, you agree we may transmit and display such User Content through the Service to those who you directly or indirectly provide access information or who otherwise obtain such access information (collectively, “Other Users”). Other Users could include your meeting invitees and any individuals such invitees provide the same access information to. DSTVN has the right (but not the obligation) in its sole discretion to remove or suspend any User Content that is shared via the Service and/or to block access to Users and Other Users. If you have a concern about an Other User, please notify DSTVN of that concern. We do not control and are not responsible for Other Users. We do not and cannot verify that Other Users are who you think they are or who the Other User says they are. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. DSTVN reserves the right, but is not obligated, to reject and/or remove any User Content that DSTVN believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
DSTVN takes no responsibility and assumes no liability for any User Content that you or any Other User or third party posts or sends over the Service or otherwise. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that DSTVN shall not be liable for any damages you allege to incur as a result of User Content.

  1. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. Your User Content and DSTVN’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  3. DSTVN may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  4. To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
  1. User Content Limited License Grant

You hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to DSTVN a royalty-free, non-exclusive, worldwide license to use, display, distribute, and transmit User Content and your name, voice, and/or likeness as contained in your User Content to provide the Service as contemplated in this Agreement. You also hereby grant each Other User of the Service a non-exclusive license to access and display your User Content through the Service through the functionality of the Service. Your User Content may include other restrictions that are applicable between you and your Other Users (e.g., you may provide Other Users notice of your copyright in your User Content).

  1. Mobile Software
  2. Mobile Software. We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. DSTVN does not warrant that the Mobile Software will be compatible with your mobile device. DSTVN hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one DSTVN account on one mobile device owned or leased solely by you, for your personal use. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and DSTVN or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
  3. Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and DSTVN, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to DSTVN as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to DSTVN as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, DSTVN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and DSTVN acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
  1. Our Proprietary Rights

Except for your User Content and Videos, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “DSTVN Content”), and all Intellectual Property Rights related thereto, are the exclusive property of DSTVN and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any DSTVN Content. Use of the DSTVN Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DSTVN under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, DSTVN does not waive any rights to use similar or related ideas previously known to DSTVN, or developed by its employees, or obtained from sources other than you.

  1. Paid Services
  2. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms https://www.Womensbroadcasttv.com/pricing, as we may update them from time to time. DSTVN may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
  3. No Refunds. You may cancel your DSTVN account at any time; however, there are no refunds for cancellation. In the event that DSTVN suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any DSTVN Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
  4. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  1. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy https://www.Womensbroadcasttv.com/privacy-policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

  1. Security

DSTVN uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. DMCA Notice

Since we respect artist and content owner rights, it is DSTVN’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify DSTVN’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit DSTVN to contact you, such as your address, telephone number, and, e-mail address;
  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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Attn:
DMCA Notice
DSTVN
Address:
1405 Preston Lane
Keller, Texas 76248
Telephone: (817) 480-3485
Email: Support@DSTVN.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying DSTVN and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with DSTVN’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, DSTVN has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. DSTVN may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  1. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by DSTVN. DSTVN does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and DSTVN’s Privacy Policy do not apply to your use of such sites. You expressly relieve DSTVN from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that DSTVN shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Indemnity

You agree to defend, indemnify and hold harmless DSTVN and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

  1. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DSTVN, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
DSTVN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE DSTVN SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DSTVN WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DSTVN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL DSTVN BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DSTVN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL DSTVN, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DSTVN HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DSTVN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. DSTVN makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1. Governing Law and Arbitration
  2. Governing Law. You agree that: (i) the Service shall be deemed solely based in Texas; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over DSTVN, either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Denton County, Texas for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
  3. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DSTVN. In the unlikely event that DSTVN has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any DSTVN claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Denton County, Texas, unless you and DSTVN agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing DSTVN from seeking injunctive or other equitable relief from the courts as necessary to protect any of DSTVN’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND DSTVN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  1. General
  2. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DSTVN without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  3. Notification Procedures and Changes to the Agreement. DSTVN may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by DSTVN in our sole discretion. DSTVN reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. DSTVN is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. DSTVN may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
  4. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with DSTVN in connection with the Service, shall constitute the entire agreement between you and DSTVN concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
  5. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DSTVN’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
  6. Government Use Rights. If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
  7. Contact. Please contact us support@womensbroadcasttv.com with any questions regarding this Agreement.

 

  1. DSTVN Provides the following Services to Host:

DSTVN offers three hosting opportunities, Branded Channel Host; Branded Channel Host PLUS and Celebrity VIP Host, each with its own features, payments and fees structure, sponsorship characteristics and terms regarding content ownership as follows:

 

BRANDED CHANNEL HOST (Monthly Show / 30 Minutes)

  • Features
  • Monthly Show / 30 Minutes
  • Access DSTVN Training Center and DSTVN Platform
  • Your very own BRANDED CHANNEL – with 30 or 60 Minute Show + logo, banner ad, contact information
  • Access to reports and statistics
  • Ability to promote via email and social media … YouTube, Facebook, Instagram, LinkedIn, Twitter and others
  • Promote from your website and blog
  • Archive abilities
  • Ad space for sponsors (keep 80%*)
  • Live Stream Interviews and Events
  • Live Chat During Broadcast shows.
  • Pre-recorded and Upload Capabilities
  • 24 x 7 x 365 Support
  • Choose Your Day and Time Slot
  • Ability to Participate in Sponsor Spot (We promote you to our sponsors, who in turn help pay for your show!)
  • Training and Workshops (everything from getting sponsors to TV best practices)
  • Collaboration Opportunities with other Show Hosts and Events
  • Payments & Fees:
  • One-Time, Set Up Fee = $497
  • Monthly Show Fee = $97 per month
  • Sponsorship Fee Sharing:
  • *Host Secures Sponsor
    • Host retains 80% of sponsorship fee/ DSTVN receives 20% placement and promotion fee
    • Host owns content* but grants non-exclusive rights to DSTVN to use the content … see “Host Agreement” for terms regarding content ownership
  • *DSTVN Secures Sponsor
    • Host splits sponsorship fee 20/80 with WBTVN (WBTVN 80%/ Host 20%)
      • WBTVN will contact host regarding the sponsorship opportunity and if host agrees to include sponsor on host channel via advertisement or link WBTVN will include host in sponsorship contract and pay host contracted fees.
    • Host owns content** but grants non-exclusive rights to DSTVN to use the content … see “Host Agreement” for terms regarding content ownership

**Non-Payment of Fees: Host Payments and Fees owed to DSTVN must be paid by the respective due date with no exception.  Failure to make such payments within 10 days of the due date, results in Host’s automatic forfeiture of all its ownership and usage rights in said content and the immediate transfer of said ownership and usage rights exclusively to DSTVN.

BRANDED CHANNEL HOST “PLUS” (Weekly Show / 30 Minutes)

  • Features: (Same as Branded Channel Host but the show is “Weekly/30 minutes”)
  • Payments & Fees:
  • One-Time, Set Up Fee = $497
  • Monthly Show Fee = $297 per month

 

CELEBRITY VIP HOST (Weekly Show / 30 Minutes)

  • Features
    • Everything in Branded Channel Host PLUS w/the following X-TRA’s
      • Featured Show Advertising on DSTVN Homepage
      • Featured Blog/Article on DSTV
      • Time Show-Slot Guarantee
      • VIP Recognition: banner, content marketing, etc.
      • VIP Concierge Service
  • Payments & Fees:
  • One-time, Set Up Fee = $997
  • Monthly Show Fee = $497 per month
  • Sponsorship Fee Sharing:
  • *Host Secures Sponsor
    • Host retains 80% of sponsorship fee/ DSTVN receives 20% placement and promotion fee
    • Host owns content* but grants non-exclusive rights to DSTVN to use the content … see “Host Agreement” for terms regarding content ownership
  • *DSTVN Secures Sponsor
    • Host splits sponsorship fee 20/80 with WBTVN (WBTVN 80%/ Host 20%)
      • WBTVN will contact host regarding the sponsorship opportunity and if host agrees to include sponsor on host channel via advertisement or link WBTVN will include host in sponsorship contract and pay host contracted fees.
    • Host owns content** but grants non-exclusive rights to DSTVN to use the content … see “Host Agreement” for terms regarding content ownership

**Non-Payment of Fees: Host Payments and Fees owed to DSTVN must be paid by the respective due date with no exception.  Failure to make such payments within 10 days of the due date, results in Host’s automatic forfeiture of all its ownership and usage rights in said content and the immediate transfer of said ownership and usage rights exclusively to DSTVN.

 

  1. Host Provides the following to DSTVN
  2. Branding Material: logo, ads, banners, contact information, links, social media
  3. 30 Minute Shows: Host uploads television show to DSTVN in a timely fashion (MANDATORY: 5 days prior to show airing for encoding purposes if uploading MPG4, if the show is uploaded on YouTube, we simply need the URL link for the show)
  4. Submission weekly or monthly depending on the contract (if you are going to miss a show let us know we can run an archived show. This is a live internet television station with continuous programming 24 x 7 x 365).
  5. Monthly Payment: Monthly payment is due beginning the day television show is live and on-air and every month thereafter until show is cancelled by DSTVN or Host.  (Non-payment:  There is a 10-day grace period whereas host has ability to download all archived shows for future use, thereafter DSTVN has the right to delete channel and all video associated with the account.)
  6. Sponsorship Payment: Host agrees to pay 20% Sponsorship fee on the first of each month and will be billed via PayPal (if applicable, see 16.)

This Agreement was last modified on 04/03/2017.

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