2. Account Registration
3. License to the Service
5. Trademarks, Copyright & Restrictions
SBTV may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability. Without limiting the generality of the foregoing, SBTV may continually update the Service, including changing the content library without notice. The composition of the content library and other Material offered at the time you register for the Service may not reflect the content library that will be offered throughout your membership and should not be relied upon. In addition, some Material may be subject to limited access windows, and once the access window for particular Material ends, you will no longer have the ability to access that Material. Finally, the number of devices on which you are simultaneously authorized to access the Service may be limited. SBTV may test various aspects of the Service by, for example, offering different pricing, different content, different service levels or plans, and other promotional features. SBTV reserves the right to include you or exclude you from such tests without notice. HD content and Ultra HD content availability depends on your Internet service and device capabilities. SBTV makes no representation or warranty about the quality of the viewing experience on your display device.
8. Unsolicited Submissions
SBTV is pleased to hear from its members and welcomes your comments regarding its Service. Unfortunately, however, SBTV’ long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials, including but not limited to stories or character ideas, screenplays or original artwork. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SBTV’ or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as show designs, photographs, drawings or original artwork that you expect to be compensated for or that you would like to keep private. If you send or post certain specific submissions at our request (e.g. via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, photographs, drawings, concepts, or any other information (“Submission(s)”) despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this Paragraph, all User Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidence on the part of SBTV, and SBTV shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by SBTV without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. SBTV shall have and is hereby irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, exploit, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By submitting a Submission to the Service or SBTV, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy. Submissions to the Service and/or SBTV will not be acknowledged or returned. You agree and understand that SBTV is not obligated to use any Submission you make to the Service or SBTV and you have no right to compel such use. You hereby acknowledge and agree that your relationship with SBTV is not a confidential, fiduciary or other special relationship, and that your decision to submit any material to SBTV does not place SBTV in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that SBTV has wide access to ideas, stories, designs and other literary materials, and that new ideas are constantly being submitted to it or being developed by SBTV’ own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in structure, purpose, function, theme, idea, plot, format or other respects. You acknowledge and agree that you will not be entitled to any compensation as a result of SBTV’ use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of SBTV’ actual or alleged exploitation or use of any material you submit to the Service and/or SBTV, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Applicable law may restrict or limit the foregoing provisions of this Paragraph.
9. Linked Sites
The Service may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software and other content originating from third parties (together, “Third Party Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Software or Content. Such Third Party Sites and Third Party Software or Content are not monitored or checked for accuracy, appropriateness or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Service or any Third Party Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Software or Content. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Without limiting the generality of the previous Paragraph, you may encounter third-party software applications (including, without limitation, mobile applications, widgets, plug-ins or other software utilities) (“Application(s)”) that interact with the Service. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose to use an Application, you do so at your own risk. Such Application may interact with, connect to, import, gather and/or pull information from and to your Account on the Service. SBTV offers these Applications solely as a convenience to you, and SBTV is not responsible for and does not endorse the content or functionality of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY SBTV. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Account, you are consenting to the information about such Account (including without limitation your content viewing history or recommendations) being shared through social media Accounts or other communication platforms for others to see; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if SBTV has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold SBTV harmless for the sharing of information that results from your use of an Application. SBTV DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
11. Forums and Public Communications
12. Registration and acceptance of Community Guidelines
- Harass, threaten, embarrass or cause distress or discomfort upon another Forum participant, user, or other individual or entity;
- Transmit any User Content in any Forum that SBTV considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- Cause any chat room screen in any chat room to “scroll” faster than other users are able to type to it or any action of a similar disruptive effect;
- Misrepresent yourself, your age or your affiliation with any person or entity, impersonate in any Forum any person or entity, including but not limited to, a SBTV official, chat or message board leader, guide or host, or make false or misleading statements;
- Disrupt the normal flow of dialogue in a SBTV chat room or otherwise act in a manner that negatively affects other participants;
- Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Forums;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing any Forum;
- Invade the privacy or violate any personal or proprietary right of any person or entity;
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity;
- Use the Service in any manner that could damage, impair, disable, overburden or harm the Service or circumvent the intended functionality of the Service;
- Collect information identifying users of the Service by electronic or other means without authorization from the person(s) affected;
- Upload, post, transmit, send, share, store, distribute or otherwise make available on the Service any private or sensitive information or content about any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; and
- Upload, post, transmit, send, share, store, distribute, or otherwise make available any viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or other electronic or telecommunications equipment. By posting or uploading User Content to the Service, any Forum or submitting any other User Content to SBTV, you automatically grant (or warrant that the owner of such rights has expressly granted) SBTV a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to reproduce, modify, adapt, publish, publicly perform, translate, sub-license, create derivative works from, exploit, distribute and otherwise use such materials or incorporate such User Content in or in connection with the Service or by or in any other media or technology now known or later developed throughout the universe in perpetuity. In addition, you represent and warrant that any and all User Content you upload, post, transmit, send, share, store, distribute or otherwise make available on the Service complies with each of the foregoing Community Guidelines.
13. User Disputes
You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
From time to time, the Service may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Service may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
15. Non-United States Residents
SBTV operates the Service in the United States. SBTV makes no representation that the Materials, including media offered for download or rental through the Service and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access the Service from locations outside the United States you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Jurisdictional Issues
The Service is controlled and operated by SBTV from its offices within the United States. SBTV makes no representation that materials in the Service are appropriate or available for use in other locations. Software from this Service is further subject to United States export controls. No software from this Service may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The Service may be unavailable from time to time due to maintenance or malfunction of computer equipment or for various other reasons. SBTV assumes no responsibility for any delays, interruptions, errors, defects, omissions or deletions, related to the communications line failure, operation or transmission, or alteration of, or theft or destruction or unauthorized access to, user communications. SBTV is not responsible for any technical or non-technical malfunction or other problems of any hosting services, computer systems, servers or providers, telephone networks or telephone services, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or in connection with the Service, including injury or damage to a user’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. THE SERVICE, THE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SBTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SBTV DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE, MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. SBTV DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SBTV) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
19. Limitation of Liability
20. Linking Policy
21. Copyright Notice
If you believe that any Content appearing on the Service or in any Forum has been copied in a way that constitutes copyright infringement, please forward the following information to email@example.com
- Your name, address, telephone number and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- By this filing, SBTV seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C Section 512(c) or elsewhere in the law.
© Stick & Ball TV LLC. All rights reserved. Last Revised 01 February 2019.
IMPORTANT – PLEASE READ CAREFULLY
1. Right to update, change or remove data
Changing or removing personal information will be possible via your SBTV account. Please note that certain information cannot be removed due to its necessity for the SBTV service and/or SBTV’ administration responsibilities. You are at all times entitled to change your personal information.
2. Restricted use of information and cookies
3. Never sell customer data
SBTV WILL NOT SELL your personal information and data to any third party. We also don’t sell or share user data for marketing purposes without consent. Personal data will only be made available to a third party if, and in so far as, is needed for providing you with, or for improving, the SBTV service. At the present time, SBTV may share your personal information its payment processing service and/or PayPal if, and in so far as, this is needed for the correct completion of the payment process. This information can include: user name, last name, registered email, purchase date, price of the item bought. SBTV may also share certain personal information with content publishers and similar entities in order for them the best deliver their service to you. This information can include: username, purchase date, content ID purchased, registered email and purchase price. Third parties are at all times obliged to respect the confidentiality of your personal information and data. Third parties are not allowed make use of your data for marketing purposes except if you have explicitly authorized them to do so.
4. Clear opt-in policy
Who is Cleeng?
[Our] monetization partner Cleeng B.V. ("Cleeng") handles the management of access to content and/or subscriptions and payment and billing on our behalf. For this purpose, Cleeng will act as the merchant of record on our request. The services of Cleeng are subject to the terms and conditions of Cleeng, which are hereby incorporated, please refer to Cleeng User Agreement.